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should, in expending the assistance, purchase only Amer-
ican-made equipment and products.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro-
viding financial assistance under this Act, the Secretary of
the Treasury shall provide to each recipient of the assistance
a notice describing the statement made in subsection (a)
by the Congress.
SEC. 508. If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ‘‘Made in America’’ inscription, or any in-
scription with the same meaning, to any product sold in
or shipped to the United States that is not made in the
United States, such person shall be ineligible to receive any
contract or subcontract made with funds provided pursuant
to this Act, pursuant to the debarment, suspension, and in-
eligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 509. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances re-
maining available at the end of fiscal year 1999 from ap-
propriations made available for salaries and expenses for
fiscal year 1999 in this Act, shall remain available through
September 30, 2000, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
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approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance
with reprogramming guidelines.
SEC. 510. None of the funds made available in this
Act may be used by the Executive Office of the President
to request from the Federal Bureau of Investigation any of-
ficial background investigation report on any individual,
except when it is made known to the Federal official having
authority to obligate or expend such funds that—
(1) such individual has given his or her express
written consent for such request not more than 6
months prior to the date of such request and during
the same presidential administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
SEC. 511. PROVISIONS FOR STAFF DIRECTOR AND
GENERAL COUNSEL OF THE FEDERAL ELECTION COMMIS-
SION. (a) APPOINTMENT AND TERM OF SERVICE.—
(1) IN GENERAL.—Section 306c(f) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437c(f)) is
amended by striking paragraph (1) and inserting the
following:
‘‘(1)(A) The Commission shall have a staff direc-
tor and a general counsel who shall be appointed by
an affirmative vote of not less than 4 members of the
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Commission. Subject to exception in subparagraph
(D), the staff director and general counsel shall, be-
ginning January 1, 1999, serve for terms of 6 years
and such terms may be renewed by an affirmative
vote of not less than 3 members of the Commission.
‘‘(B) The staff director and general counsel may
serve after the expiration of his or her term until his
or her successor has been appointed.
‘‘(C) An individual appointed to fill a vacancy
occurring other than by the expiration of a term of
office shall be appointed only for the unexpired term
of the staff director or general counsel he or she suc-
ceeds.
‘‘(D) The term of any individual appointed
prior to and serving on the date of enactment of this
Act as general counsel shall be until January 1, 2008
and shall not be subject to renewal under subpara-
graph (A) until such date.’’.
(b) RULE OF CONSTRUCTION REGARDING AUTHORITY
OF ACTING STAFF DIRECTOR OR GENERAL COUNSEL.—
Section 306(f) of such Act (2 U.S.C. 437c(f)) is amended
by adding at the end the following:
‘‘(5) Nothing in this Act shall be construed to
prohibit any individual serving as an acting staff di-
rector of the Commission from performing any func-
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tions of the staff director of the Commission or any
individual serving as an acting general counsel of the
Commission from performing any functions of the
general counsel of the Commission.’’.
TITLE VI—GENERAL PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
SEC. 601. Funds appropriated in this or any other Act
may be used to pay travel to the United States for the im-
mediate family of employees serving abroad in cases of
death or life threatening illness of said employee.
SEC. 602. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 1999 shall obligate or
expend any such funds, unless such department, agency, or
instrumentality has in place, and will continue to admin-
ister in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of
such department, agency, or instrumentality.
SEC. 603. Notwithstanding 31 U.S.C. 1345, any agen-
cy, department, or instrumentality of the United States
which provides or proposes to provide child care services
for Federal employees may reimburse any Federal employee
or any person employed to provide such services for travel,
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transportation, and subsistence expenses incurred for train-
ing classes, conferences, or other meetings in connection
with the provision of such services: Provided, That any per
diem allowance made pursuant to this section shall not ex-
ceed the rate specified in regulations prescribed pursuant
to section 5707 of title 5, United States Code.
SEC. 604. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year
in accordance with section 16 of the Act of August 2, 1946
(60 Stat. 810), for the purchase of any passenger motor ve-
hicle (exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $8,100
except station wagons for which the maximum shall be
$9,100: Provided, That these limits may be exceeded by not
to exceed $3,700 for police-type vehicles, and by not to ex-
ceed $4,000 for special heavy-duty vehicles: Provided fur-
ther, That the limits set forth in this section may not be
exceeded by more than 5 percent for electric or hybrid vehi-
cles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the lim-
its set forth in this section may be exceeded by the incremen-
tal cost of clean alternative fuels vehicles acquired pursuant
to Public Law 101–549 over the cost of comparable conven-
tionally fueled vehicles.
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SEC. 605. Appropriations of the executive departments
and independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance
with 5 U.S.C. 5922–5924.
SEC. 606. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of
any officer or employee of the Government of the United
States (including any agency the majority of the stock of
which is owned by the Government of the United States)
whose post of duty is in the continental United States un-
less such person: (1) is a citizen of the United States; (2)
is a person in the service of the United States on the date
of enactment of this Act who, being eligible for citizenship,
has filed a declaration of intention to become a citizen of
the United States prior to such date and is actually resid-
ing in the United States; (3) is a person who owes alle-
giance to the United States; (4) is an alien from Cuba, Po-
land, South Vietnam, the countries of the former Soviet
Union, or the Baltic countries lawfully admitted to the
United States for permanent residence; (5) is a South Viet-
namese, Cambodian, or Laotian refugee paroled in the
United States after January 1, 1975; or (6) is a national
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of the People’s Republic of China who qualifies for adjust-
ment of status pursuant to the Chinese Student Protection
Act of 1992: Provided, That for the purpose of this section,
an affidavit signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status have been complied with:
Provided further, That any person making a false affidavit
shall be guilty of a felony, and, upon conviction, shall be
fined no more than $4,000 or imprisoned for not more than
1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for,
any other provisions of existing law: Provided further, That
any payment made to any officer or employee contrary to
the provisions of this section shall be recoverable in action
by the Federal Government. This section shall not apply
to citizens of Ireland, Israel, or the Republic of the Phil-
ippines, or to nationals of those countries allied with the
United States in a current defense effort, or to international
broadcasters employed by the United States Information
Agency, or to temporary employment of translators, or to
temporary employment in the field service (not to exceed
60 days) as a result of emergencies.
SEC. 607. Appropriations available to any department
or agency during the current fiscal year for necessary ex-
penses, including maintenance or operating expenses, shall
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also be available for payment to the General Services Ad-
ministration for charges for space and services and those
expenses of renovation and alteration of buildings and fa-
cilities 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 receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the follow-
ing purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive
Order No. 12873 (October 20, 1993), including any
such programs adopted prior to the effective date of
the Executive order.
(2) Other Federal agency environmental manage-
ment programs, including, but not limited to, the de-
velopment and implementation of hazardous waste
management and pollution prevention programs.
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(3) Other employee programs as authorized by
law or as deemed appropriate by the head of the Fed-
eral 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 expenses
are subsequently transferred to or paid from other funds,
the limitations on administrative expenses shall be cor-
respondingly reduced.
SEC. 610. No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid
to any person for the filling of any position for which he
or she has been nominated after the Senate has voted not
to approve the nomination of said person.
SEC. 611. No part of any appropriation contained in
this or any other Act shall be available for interagency fi-
nancing of boards (except Federal Executive Boards), com-
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missions, 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 instrumentality.
SEC. 612. Funds made available by this or any other
Act to the Postal Service Fund (39 U.S.C. 2003) shall be
available for employment of guards for all buildings and
areas owned or occupied by the Postal Service and under
the charge and control of the Postal Service, and such
guards shall have, with respect to such property, the powers
of special policemen provided by the first section of the Act
of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318),
and, as to property owned or occupied by the Postal Service,
the Postmaster General may take the same actions as the
Administrator of General Services may take under the pro-
visions of sections 2 and 3 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attach-
ing 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. 613. None of the funds made available pursuant
to the provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been dis-
approved pursuant to a resolution of disapproval duly
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adopted in accordance with the applicable law of the United
States.
SEC. 614. (a) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for the fiscal year
ending on September 30, 1999, by this or any other Act,
may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code—
(1) during the period from the date of expiration
of the limitation imposed by section 614 of the Treas-
ury and General Government Appropriations Act,
1998, until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal
year 1999, in an amount that exceeds the rate pay-
able for the applicable grade and step of the applica-
ble wage schedule in accordance with such section
614; and
(2) during the period consisting of the remainder
of fiscal year 1999, in an amount that exceeds, as a
result of a wage survey adjustment, the rate payable
under paragraph (1) by more than the sum of—
(A) the percentage adjustment taking effect
in fiscal year 1999 under section 5303 of title 5,
United States Code, in the rates of pay under the
General Schedule; and
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(B) the difference between the overall aver-
age percentage of the locality-based comparabil-
ity payments taking effect in fiscal year 1999
under section 5304 of such title (whether by ad-
justment or otherwise), and the overall average
percentage of such payments which was effective
in fiscal year 1998 under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or
(C) of section 5342(a)(2) of title 5, United States Code, and
no employee covered by section 5348 of such title, may be
paid during the periods for which subsection (a) is in effect
at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such em-
ployee.
(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,
1998, 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,
1998, except to the extent determined by the Office of Per-
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sonnel Management to be consistent with the purpose of this
section.
(e) This section shall apply with respect to pay for
service performed after September 30, 1998.
(f) For the purpose of administering any provision of
law (including any rule or regulation that provides pre-
mium pay, retirement, life insurance, or any other em-
ployee benefit) 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
treated 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 employees.
SEC. 615. During the period in which the head of any
department or agency, or any other officer or civilian em-
ployee of the Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
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office of such department head, agency head, officer, or em-
ployee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing
or redecoration is expressly approved by the Committees on
Appropriations of the House and Senate. For the purposes
of this section, the word ‘‘office’’ shall include the entire
suite of offices assigned to the individual, as well as any
other space used primarily by the individual or the use of
which is directly controlled by the individual.
SEC. 616. Notwithstanding any other provision of law,
no executive branch agency shall purchase, construct, and/
or lease any additional facilities, except within or contig-
uous to existing locations, to be used for the purpose of con-
ducting Federal law enforcement training without the ad-
vance approval of the House and Senate Committees on Ap-
propriations, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing
Center facilities.
SEC. 617. Notwithstanding section 1346 of title 31,
United States Code, or section 611 of this Act, funds made
available for fiscal year 1999 by this or any other Act shall
be available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
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which benefit multiple Federal departments, agencies, or en-
tities, as provided by Executive Order No. 12472 (April 3,
1984).
SEC. 618. (a) None of the funds appropriated by this
or any other Act may be obligated or expended by any Fed-
eral 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 Fed-
eral department, agency, or other instrumentality employ-
ing 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 detailed
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 Defense
for the collection of specialized national foreign intel-
ligence through reconnaissance programs;
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(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-
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 performing
intelligence functions; and
(7) the Director of Central Intelligence.
SEC. 619. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 1999 shall obligate or
expend any such funds, unless such department, agency, or
instrumentality has in place, and will continue to admin-
ister in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sex-
ual 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. 620. 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
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official governmental tasks and duties: Provided, That this
restriction shall not apply to the family of the President,
Members of Congress or their spouses, Heads of State of a
foreign country or their designees, persons providing assist-
ance to the President for official purposes, or other individ-
uals so designated by the President.
SEC. 621. 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 sub-
ject to a program of individual random drug testing.
SEC. 622. (a) None of the funds made available in this
or any other Act may be obligated or expended for any em-
ployee training that—
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the perform-
ance of official duties;
(2) contains elements likely to induce high levels
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 training
and written end of course evaluation;
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(4) contains any methods or content associated
with religious or quasi-religious belief systems or
‘‘new age’’ belief systems as defined in Equal Employ-
ment Opportunity Commission Notice N–915.022,
dated September 2, 1988; or
(5) is offensive to, or designed to change, partici-
pants’ personal values or lifestyle outside the work-
place.
(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. 623. No funds appropriated in this or any other
Act for fiscal year 1999 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 con-
tain the following provisions: ‘‘These restrictions are con-
sistent with and do not supersede, conflict with, or otherwise
alter the employee obligations, rights, or liabilities created
by Executive Order No. 12356; section 7211 of title 5,
United States Code (governing disclosures to Congress); sec-
tion 1034 of title 10, United States Code, as amended by
the Military Whistleblower Protection Act (governing dis-
closure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by
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the Whistleblower Protection Act (governing disclosures of
illegality, waste, fraud, abuse or public health or safety
threats); the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could ex-
pose confidential Government agents); and the statutes
which protect against disclosure that may compromise the
national security, including sections 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. 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 con-
trolling.’’: Provided, That notwithstanding the preceding
paragraph, a nondisclosure policy form or agreement that
is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than
an employee or officer of the United States Government,
may contain provisions appropriate to the particular activ-
ity 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
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 executive
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agency or the Department of Justice that are essential to
reporting a substantial violation of law.
SEC. 624. No part of any funds appropriated in this
or any other Act shall be used by an agency of the executive
branch, other than for normal and recognized executive-leg-
islative relationships, for publicity or propaganda pur-
poses, and for the preparation, distribution or use of any
kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pend-
ing before the Congress, except in presentation to the Con-
gress itself.
SEC. 625. (a) IN GENERAL.—Beginning in calendar
year 2000, and every 2 calendar years thereafter, the Direc-
tor of the Office of Management and Budget shall prepare
and submit to Congress, with the budget submitted under
section 1105 of title 31, United States Code, an accounting
statement and associated report containing—
(1) an estimate of the total annual costs and
benefits (including quantifiable and nonquantifiable
effects) of Federal rules and paperwork, to the extent
feasible—
(A) in the aggregate;
(B) by agency and agency program; and
(C) by major rule;
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(2) an analysis of impacts of Federal regulation
on State, local, and tribal government, small business,
wages, and economic growth; and
(3) recommendations for reform.
(b) NOTICE.—The Director of the Office of Manage-
ment and Budget shall provide public notice and an oppor-
tunity to comment on the statement and report under sub-
section (a) before the statement and report are submitted
to Congress.
(c) GUIDELINES.—To implement this section, the Di-
rector of the Office of Management and Budget shall issue
guidelines to agencies to standardize—
(1) measures of costs and benefits; and
(2) the format of accounting statements.
(d) PEER REVIEW.—The Director of the Office of Man-
agement and Budget shall provide for independent and ex-
ternal peer review of the guidelines and each accounting
statement and associated report under this section. Such
peer review shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 626. None of the funds appropriated by this Act
or any other Act, may be used by an agency to provide
a Federal employee’s home address to any labor organiza-
tion except when it is made known to the Federal official
having authority to obligate or expend such funds that the
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employee has authorized such disclosure or that such disclo-
sure has been ordered by a court of competent jurisdiction.
SEC. 627. The Secretary of the Treasury is authorized
to establish scientific certification 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.
SEC. 628. None of the funds made available in this
Act or any other Act may be used to provide any non-public
information such as mailing or telephone lists to any per-
son or any organization outside of the Federal Government
without the approval of the House and Senate Committees
on Appropriations.
SEC. 629. Notwithstanding section 611, interagency fi-
nancing is authorized to carry out the purposes of the Na-
tional Bioethics Advisory Commission.
SEC. 630. No part of any appropriation contained in
this or any other Act shall be used for publicity or propa-
ganda purposes within the United States not heretofore au-
thorized by the Congress.
SEC. 631. None of the funds appropriated in this or
any other Act shall be used to acquire information tech-
nologies which do not comply with part 39.106 (Year 2000
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compliance) of the Federal Acquisition Regulation, unless
an agency’s Chief Information Officer determines that non-
compliance with part 39.106 is necessary to the function
and operation of the requesting agency or the acquisition
is required by a signed contract with the agency in effect
before the date of enactment of this Act. Any waiver granted
by the Chief Information Officer shall be reported to the
Office of Management and Budget, and copies shall be pro-
vided to Congress.
SEC. 632. None of the funds made available in this
Act for the United States Customs Service may be used to
allow the importation into the United States of any good,
ware, article, or merchandise mined, produced, or manufac-
tured by forced or indentured child labor, as determined
pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C.
1307).
SEC. 633. No part of any appropriation contained in
this or any other Act shall be available for the payment
of the salary of any officer or employee of the Federal Gov-
ernment, who—
(1) prohibits or prevents, or attempts or threat-
ens to prohibit or prevent, any other officer or em-
ployee of the Federal Government from having any
direct oral or written communication or contact with
any Member, committee, or subcommittee of the Con-
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gress in connection with any matter pertaining to the
employment of such other officer or employee or per-
taining to the department or agency of such other of-
ficer or employee in any way, irrespective of whether
such communication or contact is at the initiative of
such other officer or employee or in response to the re-
quest or inquiry of such Member, committee, or sub-
committee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance of efficiency rating, denies promotion to,
relocates, reassigns, transfers, disciplines, or discrimi-
nates in regard to any employment right, entitlement,
or benefit, or any term or condition of employment of,
any other officer or employee of the Federal Govern-
ment, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or
employee, by reason of any communication or contact
of such other officer or employee with any Member,
committee, or subcommittee of the Congress as de-
scribed in paragraph (1).
SEC. 634. The Director of the United States Marshals
Service is directed to conduct a quarterly threat assessment
on the Director of the Office of National Drug Control Pol-
icy.
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SEC. 635. Section 636(c) of Public Law 104–208 is
amended as follows:
(1) In subparagraph (1) by inserting after
‘‘United States Code’’ the following: ‘‘any agency or
court in the Judicial Branch,’’;
(2) In subparagraph (2) by amending ‘‘prosecu-
tion, or detention’’ to read: ‘‘prosecution, detention, or
supervision’’; and
(3) In subparagraph (3) by inserting after ‘‘title
5,’’ the following: ‘‘and, with regard to the Judicial
Branch, mean a justice or judge of the United States
as defined in 28 U.S.C. 451 in regular active service
or retired from regular active service, other judicial
officers as authorized by the Judicial Conference of
the United States, and supervisors and managers
within the Judicial Branch as authorized by the Ju-
dicial Conference of the United States,’’.
SEC. 636. Notwithstanding section 1346 of title 31,
United States Code, or section 611 of this Act, funds made
available for fiscal year 1999 by this or any other Act shall
be available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the pur-
poses of the National Science and Technology Council (au-
thorized by Executive Order No. 12881), which benefit mul-
tiple Federal departments, agencies, or entities.
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SEC. 637. Section 626(b) of the Treasury, Postal Serv-
ice, and General Government Appropriations Act, 1997, as
contained in section 101(f) of Public Law 104–208 (110
Stat. 3009–360), the Omnibus Appropriations Act, 1997,
is amended to read as follows: ‘‘(b) Until September 30,
1999, or until the end of the current FTS 2000 contracts,
whichever is earlier, subsection (a) shall continue to apply
to the use of the funds appropriated by this or any other
Act.’’.
SEC. 638. (a) In this section the term ‘‘agency’’—
(1) means an Executive agency as defined under
section 105 of title 5, United States Code;
(2) includes a military department as defined
under section 102 of such title, the Postal Service, and
the Postal Rate Commission; and
(3) shall not include the General Accounting Of-
fice.
(b) Unless authorized in accordance with law or regu-
lations to use such time for other purposes, an employee
of an agency shall use official time in an honest effort to
perform official duties. An employee not under a leave sys-
tem, including a Presidential appointee exempted under
section 6301(2) of title 5, United States Code, has an obliga-
tion to expend an honest effort and a reasonable proportion
of such employee’s time in the performance of official duties.
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SEC. 639. 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 section
5303 of title 5, United States Code, shall be considered to
have taken effect in fiscal year 1999 in the rates of basic
pay for the statutory pay systems.
SEC. 640. Notwithstanding any other provision of law,
no part of any funds provided by this Act or any other
Act beginning in fiscal year 1999 and thereafter shall be
available for paying Sunday premium pay to any employee
unless such employee actually performed work during the
time corresponding to such premium pay.
SEC. 641. Notwithstanding any other provision of law,
the Secretary of the Treasury is authorized to, upon submis-
sion of proper documentation (as determined by the Sec-
retary), reimburse importers of large capacity military
magazine rifles as defined in the Treasury Department’s
April 6, 1998 ‘‘Study on the Sporting Suitability of Modi-
fied Semiautomatic Assault Rifles’’, for which authority
had been granted to import such firearms into the United
States on or before November 14, 1997, and released under
bond to the importer by the U.S. Customs Service on or
before February 10, 1998: Provided, That the importer
abandons title to the firearms to the United States: Pro-
vided further, That reimbursements are submitted to the
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Secretary for his approval within 120 days of enactment
of this provision. In no event shall reimbursements under
this provision exceed the importers cost for the weapons,
plus any shipping, transportation, duty, and storage costs
related to the importation of such weapons. Money made
available for expenditure under 31 U.S.C. section 1304(a)
in an amount not to exceed $1,000,000 shall be available
for reimbursements under this provision: Provided, That ac-
cepting the compensation provided under this provision is
final and conclusive and constitutes a complete release of
any and all claims, demands, rights, and causes of action
whatsoever against the United States, its agencies, officers,
or employees arising from the denial by the Department
of the Treasury of the entry of such firearms into the United
States. Such compensation is not otherwise required by law
and is not intended to create or recognize any legally en-
forceable right to any person.
SEC. 642. The Federal Acquisition Regulation shall be
revised, within 180 days after the date of enactment of this
Act, to include the use of forced or indentured child labor
in mining, production, or manufacturing as a cause on the
lists of causes for debarment and suspension from contract-
ing with executive agencies that are set forth in the regula-
tion.
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SEC. 643. (a) The adjustment in rates of basic pay
for the statutory pay systems that takes effect in fiscal year
1999 under section 5303 and 5304 of title 5, United States
Code, shall be an increase of 3.6 percent.
(b) Funds used to carry out this section shall be paid
from appropriations which are made to each applicable de-
partment or agency for salaries and expenses for fiscal year
1999.
SEC. 644. FEDERAL FIREFIGHTERS OVERTIME PAY
REFORM ACT OF 1998. (a) IN GENERAL.—Subchapter V
of chapter 55 of title 5, United States Code, is amended—
(1) in section 5542 by adding at the end the fol-
lowing new subsection:
‘‘(f) In applying subsection (a) of this section with re-
spect to a firefighter who is subject to section 5545b—
‘‘(1) such subsection shall be deemed to apply to
hours of work officially ordered or approved in excess
of 106 hours in a biweekly pay period, or, if the agen-
cy establishes a weekly basis for overtime pay com-
putation, in excess of 53 hours in an administrative
workweek; and
‘‘(2) the overtime hourly rate of pay is an
amount equal to one and one-half times the hourly
rate of basic pay under section 5545b (b)(1)(A) or
(c)(1)(B), as applicable, and such overtime hourly
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rate of pay may not be less than such hourly rate of
basic pay in applying the limitation on the overtime
rate provided in paragraph (2) of such subsection
(a).’’; and
(2) by inserting after section 5545a the following
new section:
‘‘§ 5545b. Pay for firefighters
‘‘(a) This section applies to an employee whose posi-
tion is classified in the firefighter occupation in conform-
ance with the GS–081 standard published by the Office of
Personnel Management, and whose normal work schedule,
as in effect throughout the year, consists of regular tours
of duty which average at least 106 hours per biweekly pay
period.
‘‘(b)(1) If the regular tour of duty of a firefighter sub-
ject to this section generally consists of 24-hour shifts, rather
than a basic 40-hour workweek (as determined under regu-
lations prescribed by the Office of Personnel Management),
section 5504(b) shall be applied as follows in computing
pay—
‘‘(A) paragraph (1) of such section shall be
deemed to require that the annual rate be divided by
2756 to derive the hourly rate; and
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‘‘(B) the computation of such firefighter’s daily,
weekly, or biweekly rate shall be based on the hourly
rate under subparagraph (A);
‘‘(2) For the purpose of sections 5595(c), 5941,
8331(3), and 8704(c), and for such other purposes as may
be expressly provided for by law or as the Office of Person-
nel Management may by regulation prescribe, the basic pay
of a firefighter subject to this subsection shall include an
amount equal to the firefighter’s basic hourly rate (as com-
puted under paragraph (1)(A)) for all hours in such fire-
fighter’s regular tour of duty (including overtime hours).
‘‘(c)(1) If the regular tour of duty of a firefighter sub-
ject to this section includes a basic 40-hour workweek (as
determined under regulations prescribed by the Office of
Personnel Management), section 5504(b) shall be applied as
follows in computing pay—
‘‘(A) the provisions of such section shall apply to
the hours within the basic 40-hour workweek;
‘‘(B) for hours outside the basic 40-hour work-
week, such section shall be deemed to require that the
hourly rate be derived by dividing the annual rate by
2756; and
‘‘(C) the computation of such firefighter’s daily,
weekly, or biweekly rate shall be based on subpara-
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graphs (A) and (B), as each applies to the hours in-
volved.
‘‘(2) For purposes of sections 5595(c), 5941, 8331(3),
and 8704(c), and for such other purposes as may be ex-
pressly provided for by law or as the Office of Personnel
Management may by regulation prescribe, the basic pay of
a firefighter subject to this subsection shall include—
‘‘(A) an amount computed under paragraph
(1)(A) for the hours within the basic 40-hour work-
week; and
‘‘(B) an amount equal to the firefighter’s basic
hourly rate (as computed under paragraph (1)(B))
for all hours outside the basic 40-hour workweek that
are within such firefighter’s regular tour of duty (in-
cluding overtime hours).
‘‘(d)(1) A firefighter who is subject to this section shall
receive overtime pay in accordance with section 5542, but
shall not receive premium pay provided by other provisions
of this subchapter.
‘‘(2) For the purpose of applying section 7(k) of the
Fair Labor Standards Act of 1938 to a firefighter who is
subject to this section, no violation referred to in such sec-
tion 7(k) shall be deemed to have occurred if the require-
ments of section 5542(a) are met, applying section 5542(a)
as provided in subsection (f) of that section. The overtime
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hourly rate of pay for such firefighter shall in all cases be
an amount equal to one and one-half times the firefighter’s
hourly rate of basic pay under subsection (b)(1)(A) or
(c)(1)(B) of this section, as applicable.
‘‘(3) The Office of Personnel Management may pre-
scribe regulations, with respect to firefighters subject to this
section, that would permit an agency to reduce or eliminate
the variation in the amount of firefighters’ biweekly pay
caused by work scheduling cycles that result in varying
hours in the regular tours of duty from pay period to pay
period. Under such regulations, the pay that a firefighter
would otherwise receive for regular tours of duty over the
work scheduling cycle shall, to the extent practicable, re-
main unaffected.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
table of sections for chapter 55 of title 5, United States
Code, is amended by inserting after the item relating to
section 5545a the following:
‘‘5545b. Pay for firefighters.’’.
(c) TRAINING.—Section 4109 of title 5, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(d) Notwithstanding subsection (a)(1), a firefighter
who is subject to section 5545b of this title shall be paid
basic pay and overtime pay for the firefighter’s regular tour
of duty while attending agency sanctioned training.’’.
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(d) INCLUSION IN BASIC PAY FOR FEDERAL RETIRE-
MENT.—Section 8331(3) of title 5, United States Code, is
amended—
(1) by striking ‘‘and’’ after subparagraph (D);
(2) by redesignating subparagraph (E) as sub-
paragraph (G);
(3) by inserting the following:
‘‘(E) with respect to a criminal investiga-
tor, availability pay under section 5545a of this
title;
‘‘(F) pay as provided in section 5545b
(b)(2) and (c)(2); and ’’; and
(4) by striking ‘‘subparagraphs (B), (C), (D),
and (E)’’ and inserting ‘‘subparagraphs (B) through
(G)’’.
(e) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the first day of the first applica-
ble pay period which begins on or after the later of October
1, 1998, or the 180th day following the date of enactment
of this section.
(f) REGULATIONS.—Under regulations prescribed by
the Office of Personnel Management, a firefighter subject to
section 5545b of title 5, United States Code, as added by
this section, whose regular tours of duty average 60 hours
or less per workweek and do not include a basic 40-hour
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workweek, shall, upon implementation of this section, be
granted an increase in basic pay equal to 2 step-increases
of the applicable General Schedule grade, and such increase
shall not be an equivalent increase in pay. If such increase
results in a change to a longer waiting period for the fire-
fighter’s next step increase, the firefighter shall be credited
with an additional year of service for the purpose of such
waiting period. If such increase results in a rate of basic
pay which is above the maximum rate of the applicable
grade, such resulting pay rate shall be treated as a retained
rate of basic pay in accordance with section 5363 of title
5, United States Code.
(g) NO REDUCTION IN REGULAR PAY.—Under regula-
tions prescribed by the Office of Personnel Management, the
regular pay (over the established work scheduling cycle) of
a firefighter subject to section 5545b of title 5, United States
Code, as added by this section, shall not be reduced as a
result of the implementation of this section.
SEC. 645. INTERNATIONAL MAIL REPORTING RE-
QUIREMENT. (a) IN GENERAL.—Chapter 36 of title 39,
United States Code, is amended by adding after section
3662 the following:
‘‘§ 3663. Annual report on international services
‘‘(a) Not later than July 1 of each year, the Postal
Rate Commission shall transmit to each House of Congress
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a comprehensive report of the costs, revenues, and volumes
accrued by the Postal Service in connection with mail mat-
ter conveyed between the United States and other countries
for the previous fiscal year.
‘‘(b) Not later than March 15 of each year, the Postal
Service shall provide to the Postal Rate Commission such
data as the Commission may require to prepare the report
required under subsection (a) of this section. Data shall be
provided in sufficient detail to enable the Commission to
analyze the costs, revenues, and volumes for each inter-
national mail product or service, under the methods deter-
mined appropriate by the Commission for the analysis of
rates for domestic mail.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
table of sections for chapter 63 of title 39, United States
Code, is amended by adding after the item relating to sec-
tion 3662 the following:
‘‘3663. Annual report on international services.’’.
SEC. 646. CHILD CARE SERVICES FOR FEDERAL EM-
PLOYEES. (a) IN GENERAL.—An Executive agency which
provides or proposes to provide child care services for Fed-
eral employees may use agency funds to provide child care,
in a Federal or leased facility, or through contract, for civil-
ian employees of such agency.
(b) AFFORDABILITY.—Amounts provided under sub-
section (a) with respect to any facility or contractor de-
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scribed in such subsection shall be applied to improve the
affordability of child care for lower income Federal employ-
ees using or seeking to use the child care services offered
by such facility or contractor.
(c) REGULATIONS.—The Office of Personnel Manage-
ment and the General Services Administration shall, within
180 days after the date of enactment of this Act, issue regu-
lations necessary to carry out this section.
(d) DEFINITION.—For purposes of this section, the
term ‘‘Executive agency’’ has the meaning given such term
by section 105 of title 5, United States Code, but does not
include the General Accounting Office.
SEC. 647. EXTENSION OF SUNSET PROVISION. Section
2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C.
922 note) is amended by striking ‘‘(2)’’ and all that follows
through ‘‘10 years’’ and inserting the following:
‘‘(2) SUNSET.—Effective 15 years’’.
SEC. 648. SENSE OF CONGRESS THAT A POSTAGE
STAMP SHOULD BE ISSUED HONORING OSKAR SCHINDLER.
(a) FINDINGS.—
(1) Since during the Nazi occupation of Poland,
Oskar Schindler personally risked his life and that of
his wife to provide food and medical care and saved
the lives of over 1,000 Jews from death, many of
whom later made their homes in the United States.
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(2) Since Oskar Schindler also rescued about 100
Jewish men and women from the Golezow concentra-
tion camp, who lay trapped and partly frozen in 2
sealed train cars stranded near Brunnlitz.
(3) Since millions of Americans have been made
aware of the story of Schindler’s bravery.
(4) Since on April 28, 1962, Oskar Schindler
was named a ‘‘Righteous Gentile’’ by Yad Vashem.
(5) Since Oskar Schindler is a true hero and hu-
manitarian deserving of honor by the United States
Government.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the Postal Service should issue a stamp honoring
the life of Oskar Schindler.
SEC. 649. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative ex-
penses in connection with any health plan under the Fed-
eral employees health benefit program which provides any
benefits or coverage for abortions.
SEC. 650. The provision of section 649 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
SEC. 651. (a) None of the funds appropriated by this
Act may be expended by the Office of Personnel Manage-
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ment to enter into or renew any contract under section 8902
of title 5, United States Code, for a health benefits plan—
(1) which provides coverage for prescription
drugs, unless such plan also provides equivalent cov-
erage for prescription contraceptive drugs or devices
approved by the Food and Drug Administration, or
generic equivalents approved as substitutable by the
Food and Drug Administration; or
(2) which provides benefits for outpatient serv-
ices provided by a health care professional, unless
such plan also provides equivalent benefits for out-
patient contraceptive services.
(b) Nothing in this section shall apply to a contract
with any of the following religious plans:
(1) SelectCare.
(2) PersonalCare’s HMO.
(3) Care Choices.
(4) OSF Health Plans, Inc.
(5) Yellowstone Community Health Plan.
(6) Any other existing or future religious based
plan whose religious tenets are in conflict with the re-
quirements in this Act.
(c) For purposes of this section—
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(1) the term ‘‘contraceptive drug or device’’
means a drug or device intended for preventing preg-
nancy; and
(2) the term ‘‘outpatient contraceptive services’’
means consultations, examinations, procedures, and
medical services, provided on an outpatient basis and
related to the use of contraceptive methods (including
natural family planning) to prevent pregnancy.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion related services.
SEC. 652. IMPORTATION
OF CERTAIN GRAINS. (a)
FINDINGS.—The Congress finds that—
(1) importation of grains into the United States
at less than the cost to produce those grains is causing
injury to the United States producers of those grains;
(2) importation of grains into the United States
at less than the fair value of those grains is causing
injury to the United States producers of those grains;
(3) the Canadian Government and the Canadian
Wheat Board have refused to disclose pricing and cost
information necessary to determine whether grains
are being exported to the United States at prices in
violation of United States trade laws or agreements.
(b) REQUIREMENTS.—
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(1) The Customs Service, consulting with the
United States Trade Representative and the Depart-
ment of Commerce, shall conduct a study of the effi-
ciency and effectiveness of requiring that all spring
wheat, durum or barley imported into the United
States be imported into the United States through a
single port of entry.
(2) The Customs Service, consulting with the
United States Trade Representative and the Depart-
ment of Commerce, shall determine whether such
spring wheat, durum and barley could be imported
into the United States through a single port of entry
until either the Canadian Wheat Board or the Cana-
dian Government discloses all information necessary
to determine the cost and price for all such grains
being exported to the United States from Canada and
whether such cost or price violates any law of the
United States, or violates, is inconsistent with, or de-
nies benefits to the United States under, any trade
agreement.
(3) The Customs Service shall report to the Com-
mittees on Appropriations and Finance not later
than ninety days after the effective date of this Act
on the results of the study required by paragraphs (1)
and (2).
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SEC. 653. ASSESSMENT OF FEDERAL REGULATIONS
AND POLICIES ON FAMILIES. (a) PURPOSES.—The purposes
of this section are to—
(1) require agencies to assess the impact of pro-
posed agency actions on family well-being; and
(2) improve the management of executive branch
agencies.
(b) DEFINITIONS.—In this section—
(1) the term ‘‘agency’’ has the meaning given the
term ‘‘Executive agency’’ by section 105 of title 5,
United States Code, except such term does not include
the General Accounting Office; and
(2) the term ‘‘family’’ means—
(A) a group of individuals related by blood,
marriage, adoption, or other legal custody who
live together as a single household; and
(B) any individual who is not a member of
such group, but who is related by blood, mar-
riage, or adoption to a member of such group,
and over half of whose support in a calendar
year is received from such group.
(c) FAMILY POLICYMAKING ASSESSMENT.—Before im-
plementing policies and regulations that may affect family
well-being, each agency shall assess such actions with re-
spect to whether—
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(1) the action strengthens or erodes the stability
or safety of the family and, particularly, the marital
commitment;
(2) the action strengthens or erodes the authority
and rights of parents in the education, nurture, and
supervision of their children;
(3) the action helps the family perform its func-
tions, or substitutes governmental activity for the
function;
(4) the action increases or decreases disposable
income or poverty of families and children;
(5) the proposed benefits of the action justify the
financial impact on the family;
(6) the action may be carried out by State or
local government or by the family; and
(7) the action establishes an implicit or explicit
policy concerning the relationship between the behav-
ior and personal responsibility of youth, and the
norms of society.
(d) GOVERNMENTWIDE FAMILY POLICY COORDINATION
AND REVIEW.—
(1) CERTIFICATION AND RATIONALE.—With re-
spect to each proposed policy or regulation that may
affect family well-being, the head of each agency
shall—
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(A) submit a written certification to the Di-
rector of the Office of Management and Budget
and to Congress that such policy or regulation
has been assessed in accordance with this section;
and
(B) provide an adequate rationale for im-
plementation of each policy or regulation that
may negatively affect family well-being.
(2) OFFICE OF MANAGEMENT AND BUDGET.—The
Director of the Office of Management and Budget
shall—
(A) ensure that policies and regulations
proposed by agencies are implemented consistent
with this section; and
(B) compile, index, and submit annually to
the Congress the written certifications received
pursuant to paragraph (1)(A).
(3) OFFICE OF POLICY DEVELOPMENT.—The Of-
fice of Policy Development shall—
(A) assess proposed policies and regulations
in accordance with this section;
(B) provide evaluations of policies and reg-
ulations that may affect family well-being to the
Director of the Office of Management and Budg-
et; and
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(C) advise the President on policy and regu-
latory actions that may be taken to strengthen
the institutions of marriage and family in the
United States.
(e) ASSESSMENTS UPON REQUEST BY MEMBERS OF
CONGRESS.—Upon request by a Member of Congress relat-
ing to a proposed policy or regulation, an agency shall con-
duct an assessment in accordance with subsection (c), and
shall provide a certification and rationale in accordance
with subsection (d).
(f) JUDICIAL REVIEW.—This section is not intended
to create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States,
its agencies, its officers, or any person.
SEC. 654. FAMILY WELL-BEING AND CHILDREN’S IM-
PACT STATEMENT. Consideration of any bill or joint resolu-
tion of a public character reported by any committee of the
Senate or of the House of Representatives that is accom-
panied by a committee report that does not contain a de-
tailed analysis of the probable impact of the bill or resolu-
tion on family well-being and on children, including wheth-
er such bill or joint resolution will increase the number of
children who are hungry or homeless, shall not be in order.
SEC. 655. ADDITIONAL PURCHASES OF OIL FOR THE
STRATEGIC PETROLEUM RESERVE. In response to histori-
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cally low prices for oil produced domestically and to build
national capacity for response to future energy supply
emergencies, the Secretary of Energy shall purchase and
transport an additional $420,000,000 of oil for the Strate-
gic Petroleum Reserve upon a determination by the Presi-
dent that current market conditions are imperiling domes-
tic oil production from marginal and small producers: Pro-
vided, That an official budget request for the purchase of
oil for the Strategic Petroleum Reserve and including a des-
ignation of the entire request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire
amount in the preceding proviso is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
SEC. 656. POSTAGE STAMP HONORING THE ONE HUN-
DRED FIFTIETH ANNIVERSARY OF IRISH IMMIGRATION TO
THE UNITED STATES. (a) FINDINGS.—The Senate finds
that—
(1) more than 44,000,000 Americans trace their
ancestry to Ireland;
(2) of these 44,000,000, many are descended from
the nearly 2,000,000 Irish immigrants who were
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forced to flee Ireland during the ‘‘Great Hunger’’ of
1845–1850;
(3) those immigrants dedicated themselves to the
development of our Nation and contributed immensely
to it by helping to build our railroads, our canals,
our cities and our schools;
(4) 1998 marks the one hundred fiftieth anniver-
sary of the mass immigration of Irish immigrants to
America during the Irish Potato Famine;
(5) commemorating this tragic but defining epi-
sode in the history of American immigration would
be deserving of honor by the United States Govern-
ment.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that the United States Postal Service should issue a stamp
honoring the one hundred fiftieth anniversary of Irish im-
migration to the United States during the Irish Famine
of 1845–1850.
SEC. 657. POST OFFICE RELOCATIONS, CLOSINGS, AND
CONSOLIDATIONS. (a) SHORT TITLE.—This section may be
cited as the ‘‘Community and Postal Participation Act of
1998’’.
(b) GUIDELINES FOR RELOCATION, CLOSING, OR CON-
SOLIDATION OF POST OFFICES.—Section 404 of title 39,
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United States Code, is amended by striking subsection (b)
and inserting the following:
‘‘(b)(1) Before making a determination under sub-
section (a)(3) as to the necessity for the relocation, closing,
or consolidation of any post office, the Postal Service shall
provide adequate notice to persons served by that post office
of the intention of the Postal Service to relocate, close, or
consolidate that post office not later than 60 days before
the proposed date of that relocation, closing, or consolida-
tion.
‘‘(2)(A) The notification under paragraph (1) shall be
in writing, hand delivered or delivered by mail to persons
served by that post office, and published in 1 or more news-
papers of general circulation within the zip codes served
by that post office.
‘‘(B) The notification under paragraph (1) shall in-
clude—
‘‘(i) an identification of the relocation, closing,
or consolidation of the post office involved;
‘‘(ii) a summary of the reasons for the relocation,
closing, or consolidation; and
‘‘(iii) the proposed date for the relocation, clos-
ing, or consolidation.
‘‘(3) Any person served by the post office that is the
subject of a notification under paragraph (1) may offer an
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alternative relocation, consolidation, or closing proposal
during the 60-day period beginning on the date on which
the notice is provided under paragraph (1).
‘‘(4)(A) At the end of the period specified in paragraph
(3), the Postal Service shall make a determination under
subsection (a)(3). Before making a final determination, the
Postal Service shall conduct a hearing at the request of the
community served. Persons served by the post office that
is the subject of a notice under paragraph (1) may present
oral or written testimony with respect to the relocation,
closing, or consolidation of the post office.
‘‘(B) In making a determination as to whether or not
to relocate, close, or consolidate a post office, the Postal
Service shall consider—
‘‘(i) the extent to which the post office is part of
a core downtown business area;
‘‘(ii) any potential effect of the relocation, clos-
ing, or consolidation on the community served by the
post office;
‘‘(iii) whether the community served by the post
office opposes a relocation, closing, or consolidation;
‘‘(iv) any potential effect of the relocation, clos-
ing, or consolidation on employees of the Postal Serv-
ice employed at the post office;
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‘‘(5)(A) Any determination of the Postal Service to re-
locate, close, or consolidate a post office shall be in writing
and shall include the findings of the Postal Service with
respect to the considerations required to be made under
paragraph (4).
‘‘(B) The Postal Service shall respond to all of the al-
ternative proposals described in paragraph (3) in a consoli-
dated report that includes—
‘‘(i) the determination and findings under sub-
paragraph (A); and
‘‘(ii) each alternative proposal and a response by
the Postal Service.
‘‘(C) The Postal Service shall make available to the
public a copy of the report prepared under subparagraph
(B) at the post office that is the subject of the report.
‘‘(6)(A) The Postal Service shall take no action to relo-
cate, close, or consolidate a post office until the applicable
date described in subparagraph (B).
‘‘(B) The applicable date specified in this subpara-
graph is—
‘‘(i) if no appeal is made under paragraph (7),
the end of the 60-day period specified in that para-
graph; or
‘‘(ii) if an appeal is made under paragraph (7),
the date on which a determination is made by the
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Commission under paragraph (7)(A), but not later
than 120 days after the date on which the appeal is
made.
‘‘(7)(A) A determination of the Postal Service to relo-
cate, close, or consolidate any post office may be appealed
by any person served by that post office to the Postal Rate
Commission during the 60-day period beginning on the
date on which the report is made available under para-
graph (5). The Commission shall review the determination
on the basis of the record before the Postal Service in the
making of the determination. The Commission shall make
a determination based on that review not later than 120
days after appeal is made under this paragraph.
‘‘(B) The Commission shall set aside any determina-
tion, findings, and conclusions of the Postal Service that
the Commission finds to be—
‘‘(i) arbitrary, capricious, an abuse of discretion,
or otherwise not in accordance with the law;
‘‘(ii) without observance of procedure required by
law; or
‘‘(iii) unsupported by substantial evidence on the
record.
‘‘(C) The Commission may affirm the determination
of the Postal Service that is the subject of an appeal under
subparagraph (A) or order that the entire matter that is
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the subject of that appeal be returned for further consider-
ation, but the Commission may not modify the determina-
tion of the Postal Service. The Commission may suspend
the effectiveness of the determination of the Postal Service
until the final disposition of the appeal.
‘‘(D) The provisions of sections 556 and 557, and
chapter 7 of title 5 shall not apply to any review carried
out by the Commission under this paragraph.
‘‘(E) A determination made by the Commission shall
not be subject to judicial review.
‘‘(8) In any case in which a community has in effect
procedures to address the relocation, closing, or consolida-
tion of buildings in the community, and the public partici-
pation requirements of those procedures are more stringent
than those provided in this subsection, the Postal Service
shall apply those procedures to the relocation, consolidation,
or closing of a post office in that community in lieu of ap-
plying the procedures established in this subsection.
‘‘(9) In making a determination to relocate, close, or
consolidate any post office, the Postal Service shall comply
with any applicable zoning, planning, or land use laws (in-
cluding building codes and other related laws of State or
local public entities, including any zoning authority with
jurisdiction over the area in which the post office is lo-
cated).
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‘‘(10) The relocation, closing, or consolidation of any
post office under this subsection shall be conducted in ac-
cordance with section 110 of the National Historic Preser-
vation Act (16 U.S.C. 470h–2).’’.
(c) POLICY STATEMENT.—Section 101(g) of title 39,
United States Code, is amended by adding at the end the
following: ‘‘In addition to taking into consideration the
matters referred to in the preceding sentence, with respect
to the creation of any new postal facility, the Postal Service
shall consider the potential effects of that facility on the
community to be served by that facility and the service pro-
vided by any facility in operation at the time that a deter-
mination is made whether to plan or build that facility.’’.
SEC. 658. DESIGNATION OF EUGENE J. MCCARTHY
POST OFFICE BUILDING. (a) IN GENERAL.—The building
of the United States Postal Service located at 180 East Kel-
logg Boulevard in Saint Paul, Minnesota, shall be known
and designated as the ‘‘Eugene J. McCarthy Post Office
Building’’.
(b) REFERENCES.—Any reference in a law, map, regu-
lation, document, paper, or other record of the United
States to the building referred to in subsection (a) shall be
deemed to be a reference to the ‘‘Eugene J. McCarthy Post
Office Building’’.
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SEC. 659. Within the amounts appropriated in this
Act, up to $20,300,000 may be transferred to the Acquisi-
tion, Construction, Improvements, and Related Expenses
account of the Federal Law Enforcement Training Center
for new construction.
SEC. 660. (a) DEFINITIONS.—In this section—
(1) the term ‘‘crime of violence’’ has the meaning
given that term in section 16 of title 18, United
States Code; and
(2) the term ‘‘law enforcement officer’’ means
any employee described in subparagraph (A), (B), or
(C) of section 8401(17) of title 5, United States Code;
and any special agent in the Diplomatic Security
Service of the Department of State.
(b) RULE OF CONSTRUCTION.—Notwithstanding any
other provision of law, for purposes of chapter 171 of title
28, United States Code, or any other provision of law relat-
ing to tort liability, a law enforcement officer shall be con-
strued to be acting within the scope of his or her office or
employment, if the officer takes reasonable action, including
the use of force, to—
(1) protect an individual in the presence of the
officer from a crime of violence;
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(2) provide immediate assistance to an individ-
ual who has suffered or who is threatened with bodily
harm; or
(3) prevent the escape of any individual who the
officer reasonably believes to have committed in the
presence of the officer a crime of violence.
TITLE VII—CHILD CARE IN FEDERAL FACILITIES
SEC. 701. SHORT TITLE. This title may be cited as
‘‘Quality Child Care for Federal Employees’’.
SEC. 702. PROVIDING QUALITY CHILD CARE IN FED-
ERAL FACILITIES. (a) DEFINITION.—In this section:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of General Services.
(2) CHILD CARE ACCREDITATION ENTITY.—The
term ‘‘child care accreditation entity’’ means a non-
profit private organization or public agency that—
(A) is recognized by a State agency or by
a national organization that serves as a peer re-
view panel on the standards and procedures of
public and private child care or school accredit-
ing bodies; and
(B) accredits a facility to provide child care
on the basis of—
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(i) an accreditation or credentialing
instrument based on peer-validated re-
search;
(ii) compliance with applicable State
or local licensing requirements, as appro-
priate, for the facility;
(iii) outside monitoring of the facility;
and
(iv) criteria that provide assurances
of—
(I) use of developmentally appro-
priate health and safety standards at
the facility;
(II) use of developmentally appro-
priate educational activities, as an in-
tegral part of the child care program
carried out at the facility; and
(III) use of ongoing staff develop-
ment or training activities for the staff
of the facility, including related skills-
based testing.
(3) ENTITY SPONSORING A CHILD CARE FACIL-
ITY.—The term ‘‘entity sponsoring a child care facil-
ity’’ means a Federal agency that operates, or an en-
tity that enters into a contract or licensing agreement
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with a Federal agency to operate, a child care facility
primarily for the use of Federal employees.
(4) EXECUTIVE AGENCY.—The term ‘‘Executive
agency’’ has the meaning given the term in section
105 of title 5, United States Code, except that the
term—
(A) does not include the Department of De-
fense and the Coast Guard; and
(B) includes the General Services Adminis-
tration, with respect to the administration of a
facility described in paragraph (5)(B).
(5) EXECUTIVE FACILITY.—The term ‘‘executive
facility’’—
(A) means a facility that is owned or leased
by an Executive agency; and
(B) includes a facility that is owned or
leased by the General Services Administration on
behalf of a judicial office.
(6) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means an Executive agency or a legislative office.
(7) JUDICIAL OFFICE.—The term ‘‘judicial of-
fice’’ means an entity of the judicial branch of the
Federal Government.
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(8) LEGISLATIVE FACILITY.—The term ‘‘legisla-
tive facility’’ means a facility that is owned or leased
by a legislative office.
(9) LEGISLATIVE OFFICE.—The term ‘‘legislative
office’’ means an entity of the legislative branch of the
Federal Government.
(10) STATE.—The term ‘‘State’’ has the meaning
given the term in section 658P of the Child Care and
Development Block Grant Act (42 U.S.C. 9858n).
(b) EXECUTIVE BRANCH STANDARDS AND COMPLI-
ANCE.—
(1) STATE
AND
LOCAL
LICENSING
REQUIRE-
MENTS.—
(A) IN GENERAL.—Any entity sponsoring a
child care facility in an executive facility shall—
(i) comply with child care standards
described in paragraph (2) that, at a mini-
mum, include applicable State or local li-
censing requirements, as appropriate, relat-
ed to the provision of child care in the State
or locality involved; or
(ii) obtain the applicable State or local
licenses, as appropriate, for the facility.
(B) COMPLIANCE.—Not later than 6 months
after the date of enactment of this Act—
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(i) the entity shall comply, or make
substantial progress (as determined by the
Administrator) toward complying, with
subparagraph (A); and
(ii) any contract or licensing agree-
ment used by an Executive agency for the
provision of child care services in such child
care facility shall include a condition that
the child care be provided by an entity that
complies with the standards described in
subparagraph (A)(i) or obtains the licenses
described in subparagraph (A)(ii).
(2) HEALTH, SAFETY, AND
FACILITY
STAND-
ARDS.—The Administrator shall by regulation estab-
lish standards relating to health, safety, facilities, fa-
cility design, and other aspects of child care that the
Administrator determines to be appropriate for child
care in executive facilities, and require child care
services in executive facilities to comply with the
standards. Such standards shall include requirements
that child care facilities be inspected for, and be free
of, lead hazards.
(3) ACCREDITATION STANDARDS.—
(A) IN GENERAL.—The Administrator shall
issue regulations requiring, to the maximum ex-
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tent possible, any entity sponsoring an eligible
child care facility (as defined by the Adminis-
trator) in an executive facility to comply with
standards of a child care accreditation entity.
(B) COMPLIANCE.—The regulations shall re-
quire that, not later than 5 years after the date
of enactment of this Act—
(i) the entity shall comply, or make
substantial progress (as determined by the
Administrator) toward complying, with the
standards; and
(ii) any contract or licensing agree-
ment used by an Executive agency for the
provision of child care services in such child
care facility shall include a condition that
the child care be provided by an entity that
complies with the standards.
(4) EVALUATION AND COMPLIANCE.—
(A) IN GENERAL.—The Administrator shall
evaluate the compliance, with the requirements of
paragraph (1) and the regulations issued pursu-
ant to paragraphs (2) and (3), as appropriate,
of child care facilities, and entities sponsoring
child care facilities, in executive facilities. The
Administrator may conduct the evaluation of
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such a child care facility or entity directly, or
through an agreement with another Federal
agency or private entity, other than the Federal
agency for which the child care facility is pro-
viding services. If the Administrator determines,
on the basis of such an evaluation, that the child
care facility or entity is not in compliance with
the requirements, the Administrator shall notify
the Executive agency.
(B) EFFECT OF NONCOMPLIANCE.—On re-
ceipt of the notification of noncompliance issued
by the Administrator, the head of the Executive
agency shall—
(i) if the entity operating the child
care facility is the agency—
(I) not later than 2 business days
after the date of receipt of the notifica-
tion, correct any deficiencies that are
determined by the Administrator to be
life threatening or to present a risk of
serious bodily harm;
(II) develop and provide to the
Administrator a plan to correct any
other deficiencies in the operation of
the facility and bring the facility and
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entity into compliance with the re-
quirements not later than 4 months
after the date of receipt of the notifica-
tion;
(III) provide the parents of the
children receiving child care services at
the child care facility and employees of
the facility with a notification detail-
ing the deficiencies described in sub-
clauses (I) and (II) and actions that
will be taken to correct the deficiencies,
and post a copy of the notification in
a conspicuous place in the facility for
5 working days or until the deficiencies
are corrected, whichever is later;
(IV) bring the child care facility
and entity into compliance with the re-
quirements and certify to the Adminis-
trator that the facility and entity are
in compliance, based on an onsite eval-
uation of the facility conducted by an
independent entity with expertise in
child care health and safety; and
(V) in the event that deficiencies
determined by the Administrator to be
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life threatening or to present a risk of
serious bodily harm cannot be cor-
rected within 2 business days after the
date of receipt of the notification, close
the child care facility, or the affected
portion of the facility, until such defi-
ciencies are corrected and notify the
Administrator of such closure; and
(ii) if the entity operating the child
care facility is a contractor or licensee of
the Executive agency—
(I) require the contractor or li-
censee, not later than 2 business days
after the date of receipt of the notifica-
tion, to correct any deficiencies that
are determined by the Administrator to
be life threatening or to present a risk
of serious bodily harm;
(II) require the contractor or li-
censee to develop and provide to the
head of the agency a plan to correct
any other deficiencies in the operation
of the child care facility and bring the
facility and entity into compliance
with the requirements not later than 4
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months after the date of receipt of the
notification;
(III) require the contractor or li-
censee to provide the parents of the
children receiving child care services at
the child care facility and employees of
the facility with a notification detail-
ing the deficiencies described in sub-
clauses (I) and (II) and actions that
will be taken to correct the deficiencies,
and to post a copy of the notification
in a conspicuous place in the facility
for 5 working days or until the defi-
ciencies are corrected, whichever is
later;
(IV) require the contractor or li-
censee to bring the child care facility
and entity into compliance with the re-
quirements and certify to the head of
the agency that the facility and entity
are in compliance, based on an onsite
evaluation of the facility conducted by
an independent entity with expertise
in child care health and safety; and
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(V) in the event that deficiencies
determined by the Administrator to be
life threatening or to present a risk of
serious bodily harm cannot be cor-
rected within 2 business days after the
date of receipt of the notification, close
the child care facility, or the affected
portion of the facility, until such defi-
ciencies are corrected and notify the
Administrator of such closure, which
closure may be grounds for the imme-
diate termination or suspension of the
contract or license of the contractor or
licensee.
(C) COST REIMBURSEMENT.—The Executive
agency shall reimburse the Administrator for the
costs of carrying out subparagraph (A) for child
care facilities located in an executive facility
other than an executive facility of the General
Services Administration. If an entity is sponsor-
ing a child care facility for 2 or more Executive
agencies, the Administrator shall allocate the
costs of providing such reimbursement with re-
spect to the entity among the agencies in a fair
and equitable manner, based on the extent to
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which each agency is eligible to place children in
the facility.
(5) DISCLOSURE OF PRIOR VIOLATIONS TO PAR-
ENTS AND FACILITY EMPLOYEES.—The Administrator
shall issue regulations that require that each entity
sponsoring a child care facility in an Executive facil-
ity, upon receipt by the child care facility or the en-
tity (as applicable) of a request by any individual
who is a parent of any child enrolled at the facility,
a parent of a child for whom an application has been
submitted to enroll at the facility, or an employee of
the facility, shall provide to the individual—
(A) copies of all notifications of deficiencies
that have been provided in the past with respect
to the facility under clause (i)(III) or (ii)(III),
as applicable, of paragraph (4)(B); and
(B) a description of the actions that were
taken to correct the deficiencies.
(c) LEGISLATIVE BRANCH STANDARDS AND COMPLI-
ANCE.—
(1) STATE
AND
LOCAL
LICENSING
REQUIRE-
MENTS, HEALTH, SAFETY, AND FACILITY STANDARDS,
AND ACCREDITATION STANDARDS.—
(A) IN GENERAL.—The Chief Administra-
tive Officer of the House of Representatives shall
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issue regulations, approved by the Committee on
House Oversight of the House of Representatives,
governing the operation of the House of Rep-
resentatives Child Care Center. The Librarian of
Congress shall issue regulations, approved by the
appropriate House and Senate committees with
jurisdiction over the Library of Congress, govern-
ing the operation of the child care center located
at the Library of Congress. Subject to paragraph
(3), the head of a designated entity in the Senate
shall issue regulations, approved by the Commit-
tee on Rules and Administration of the Senate,
governing the operation of the Senate Employees’
Child Care Center.
(B) 
STRINGENCY.—The 
regulations 
de-
scribed in subparagraph (A) shall be no less
stringent in content and effect than the require-
ments of subsection (b)(1) and the regulations
issued by the Administrator under paragraphs
(2) and (3) of subsection (b), except to the extent
that appropriate administrative officers, with
the approval of the appropriate House or Senate
committees with oversight responsibility for the
centers, may jointly or independently determine,
for good cause shown and stated together with
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the regulations, that a modification of such regu-
lations would be more effective for the implemen-
tation of the requirements and standards de-
scribed in paragraphs (1), (2), and (3) of sub-
section (b) for child care facilities, and entities
sponsoring child care facilities, in the cor-
responding legislative facilities.
(2) EVALUATION AND COMPLIANCE.—
(A) ADMINISTRATION.—Subject to para-
graph (3), the Chief Administrative Officer of the
House of Representatives, the head of the des-
ignated Senate entity, and the Librarian of Con-
gress, shall have the same authorities and du-
ties—
(i) with respect to the evaluation of,
compliance of, and cost reimbursement for
child care facilities, and entities sponsoring
child care facilities, in the corresponding
legislative facilities as the Administrator
has under subsection (b)(4) with respect to
the evaluation of, compliance of, and cost
reimbursement for such facilities and enti-
ties sponsoring such facilities, in executive
facilities; and
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(ii) with respect to issuing regulations
requiring the entities sponsoring child care
facilities in the corresponding legislative fa-
cilities to provide notifications of defi-
ciencies and descriptions of corrective ac-
tions as the Administration has under sub-
section (b)(5) with respect to issuing regula-
tions requiring the entities sponsoring child
care facilities in executive facilities to pro-
vide notifications of deficiencies and de-
scriptions of corrective actions.
(B) ENFORCEMENT.—Subject to paragraph
(3), the Committee on House Oversight of the
House of Representatives and the Committee on
Rules and Administration of the Senate, as ap-
propriate, shall have the same authorities and
duties with respect to the compliance of and cost
reimbursement for child care facilities, and enti-
ties sponsoring child care facilities, in the cor-
responding legislative facilities as the head of an
Executive agency has under subsection (b)(4)
with respect to the compliance of and cost reim-
bursement for such facilities and entities spon-
soring such facilities, in executive facilities.
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(3) INTERIM STATUS.—Until such time as the
Committee on Rules and Administration of the Sen-
ate establishes, or the head of the designated Senate
entity establishes, standards described in paragraphs
(1), (2), and (3) of subsection (b) governing the oper-
ation of the Senate Employees’ Child Care Center,
such facility shall maintain current accreditation sta-
tus.
(d) APPLICATION.—Notwithstanding any other provi-
sion of this section, if 8 or more child care facilities are
sponsored in facilities owned or leased by an Executive
agency, the Administrator shall delegate to the head of the
agency the evaluation and compliance responsibilities as-
signed to the Administrator under subsection (b)(4)(A).
(e) TECHNICAL
ASSISTANCE, STUDIES, AND
RE-
VIEWS.—The Administrator may provide technical assist-
ance, and conduct and provide the results of studies and
reviews, for Executive agencies, and entities sponsoring
child care facilities in executive facilities, on a reimbursable
basis, in order to assist the entities in complying with this
section. The Chief Administrative Officer of the House of
Representatives, the Librarian of Congress, and the head
of the designated Senate entity described in subsection (c),
may provide technical assistance, and conduct and provide
the results of studies and reviews, or request that the Ad-
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for Federal employees. An agency head may extend a pilot
project for an additional 2-year period. Before any pilot
project may be implemented, a determination shall be made
by the agency head that initiating the pilot project would
be more cost-effective than establishing a new child care fa-
cility. Costs of any pilot project shall be borne solely by
the agency conducting the pilot project.
‘‘(2) The Administrator of General Services shall serve
as an information clearinghouse for pilot projects initiated
by other agencies to disseminate information concerning the
pilot projects to the other agencies.
‘‘(3) Within 6 months after completion of the initial
2-year pilot project period, an agency conducting a pilot
project under this subsection shall provide for an evaluation
of the impact of the project on the delivery of child care
services to Federal employees, and shall submit the results
of the evaluation to the Administrator of General Services.
The Administrator shall share the results with other Federal
agencies.’’.
(e) BACKGROUND CHECK.—Section 616 of such Act
(40 U.S.C. 490b) is further amended by adding at the end
the following:
‘‘(g) Each child care center located in a federally
owned or leased facility shall ensure that each employee of
such center (including any employee whose employment
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cordance with the regulations of the affected
agency or agencies; and
(ii) annually submit to Congress a re-
port describing the effect of all transfers of
funds made pursuant to this paragraph or
subsection (c)(4) during the 12-month pe-
riod preceding the date on which the report
is submitted;
(9) issue to the head of a National Drug Control
Program agency a fund control notice described in
subsection (f) to ensure compliance with the National
Drug Control Program Strategy; and
(10) participate in the drug certification process
pursuant to section 490 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291j).
(e) PERSONNEL DETAILED TO OFFICE.—
(1) EVALUATIONS.—Notwithstanding any provi-
sion of chapter 43 of title 5, United States Code, the
Director shall perform the evaluation of the perform-
ance of any employee detailed to the Office for pur-
poses of the applicable performance appraisal system
established under such chapter for any rating period,
or part thereof, that such employee is detailed to such
office.
(2) COMPENSATION.—