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employee who transfers between the same locations
as the individual to whom the incentive payment is
payable.
(5) DURATION.—No incentive payment may be
paid for training or relocation commencing after
June 30, 2002.
(6) SOURCE.—An incentive payment under this
subsection shall be payable from appropriations or
other funds available to the agency for purposes of
training (within the meaning of section 4101(4) of
title 5, United States Code).
(b) EDUCATIONAL ASSISTANCE.—
(1) DEFINITIONS.—For purposes of this sub-
section—
(A) the term ‘‘eligible employee’’ means an
eligible employee, within the meaning of sub-
section (a), who —
(i) is employed full-time on a perma-
nent basis;
(ii) has completed at least 3 years of
current continuous service in any Execu-
tive agency or agencies; and
(iii) is admitted to an institution of
higher education within 1 year after sepa-
ration;
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(B) the term ‘‘Executive agency’’ has the
meaning given such term by section 105 of title
5, United States Code;
(C) the term ‘‘educational assistance’’
means payments for educational assistance as
provided in section 127(c)(1) of the Internal
Revenue Code of 1986 (26 U.S.C. 127(c)(1));
and
(D) the term ‘‘institution of higher edu-
cation’’ has the meaning given such term by
section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
(2) AUTHORITY.—Under regulations prescribed
by the Office of Personnel Management, and subject
to the limitations under subsection (c), the head of
an Executive agency may, in his or her discretion,
provide educational assistance under this subsection
to an eligible employee for a program of education
at an institution of higher education after the sepa-
ration of the employee.
(3) DURATION.—No educational assistance
under this subsection may be paid later than 10
years after the separation of the eligible employee.
(4) SOURCE.—Educational assistance payments
shall be payable from appropriations or other funds
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which would have been used to pay the salary of the
eligible employee if the employee had not separated.
(5) REGULATIONS.—The Office of Personnel
Management shall prescribe regulations for the ad-
ministration of this subsection. Such regulations
shall provide that educational assistance payments
shall be limited to amounts necessary for current
tuition and fees only.
(c) LIMITATIONS.—
(1) AGGREGATE
LIMITATION.—No incentive
payment or educational assistance payment may be
paid under this section to or on behalf of any indi-
vidual to the extent that such amount would cause
the aggregate amount otherwise paid or payable
under this section, to or on behalf of such individual,
to exceed $10,000.
(2) LIMITATION
RELATING
TO
EDUCATIONAL
ASSISTANCE.—The total amount paid under sub-
section (b) to any individual—
(A) may not exceed $6,000 if the individ-
ual has at least 3 but less than 4 years of quali-
fying service; and
(B) may not exceed $8,000 if the individ-
ual has at least 4 but less than 5 years of quali-
fying service.
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(3) QUALIFYING
SERVICE.—For purposes of
paragraph (2), the term ‘‘qualifying service’’ means
service performed as an employee, within the mean-
ing of section 2105 of title 5, United States Code,
on a permanent full-time or permanent part-time
basis (counting part-time service on a prorated
basis).
TITLE VI—MISCELLANEOUS
SEC. 601. REIMBURSEMENTS RELATING TO PROFESSIONAL
LIABILITY INSURANCE.
(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, any amounts appropriated, for fiscal year
1997 or any fiscal year thereafter, for salaries and ex-
penses of Government employees may be used to reim-
burse any qualified employee for not to exceed one-half
the costs incurred by such employee for professional liabil-
ity insurance. A payment under this section shall be con-
tingent upon the submission of such information or docu-
mentation as the employing agency may require.
(b) QUALIFIED EMPLOYEE.—For purposes of this
section, the term ‘‘qualified employee’’ means—
(1) an agency employee whose position is that
of a law enforcement officer;
(2) an agency employee whose position is that
of a supervisor or management official; or
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(3) such other employee as the head of the
agency considers appropriate
(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;
(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
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constitutional) while in the performance of such
individual’s official duties as a qualified em-
ployee; and
(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) POLICY LIMITS.—
(1) IN GENERAL.—Reimbursement under this
section shall not be available except in the case of
any professional liability insurance policy providing
for—
(A) not to exceed $1,000,000 of coverage
for legal liability (as described in subsection
(c)(4)(A)) per occurrence per year; and
(B) not to exceed $100,000 of coverage for
the cost of legal representation (as described in
subsection (c)(4)(B)) per occurrence per year.
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(2) ADJUSTMENTS.—The head of an agency
may from time to time adjust the respective dollar
amount limitations applicable under this subsection
to the extent that the head of such agency considers
appropriate to reflect inflation.
SEC. 602. EMPLOYMENT RIGHTS FOLLOWING CONVERSION
TO CONTRACT.
(a) IN GENERAL.—An employee whose position is
abolished because an activity performed by an Executive
agency (within the meaning of section 105 of title 5, Unit-
ed States Code) is converted to contract shall receive from
the contractor an offer in good faith of a right of first
refusal of employment under the contract for a position
for which the employee is deemed qualified based upon
previous knowledge, skills, abilities, and experience. The
contractor shall not offer employment under the contract
to any person prior to having complied fully with this obli-
gation, except as provided in subsection (b), or unless no
employee whose position is abolished because such activity
has been converted to contract can demonstrate appro-
priate qualifications for the position.
(b) EXCEPTION.—Notwithstanding the contractor’s
obligation under subsection (a), the contractor is not re-
quired to offer a right of first refusal to any employee who,
in the 12 months preceding conversion to contract, has
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been the subject of an adverse personnel action related to
misconduct or has received a less than fully successful per-
formance rating.
(c) LIMITATION.—No employee shall have a right to
more than 1 offer under this section based on any particu-
lar separation due to the conversion of an activity to con-
tract.
(d) REGULATIONS.—Regulations to carry out this
section may be prescribed by the President.
SEC. 603. DEBARMENT OF HEALTH CARE PROVIDERS
FOUND TO HAVE ENGAGED IN FRAUDULENT
PRACTICES.
(a) IN GENERAL.—Section 8902a of title 5, United
States Code, is amended—
(1) in subsection (a)(2)(A) by striking ‘‘sub-
section (b) or (c)’’ and inserting ‘‘subsection (b), (c),
or (d)’’;
(2) in subsection (b)—
(A) by striking ‘‘may’’ and inserting
‘‘shall’’ in the matter before paragraph (1); and
(B) by amending paragraph (5) to read as
follows:
‘‘(5) Any provider that is currently suspended
or excluded from participation under any program of
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the Federal Government involving procurement or
nonprocurement activities.’’;
(3) by redesignating subsections (c) through (i)
as subsections (d) through (j), respectively, and by
inserting after subsection (b) the following:
‘‘(c) The Office may bar the following providers of
health care services from participating in the program
under this chapter:
‘‘(1) Any provider—
‘‘(A) whose license to provide health care
services or supplies has been revoked, sus-
pended, restricted, or not renewed, by a State
licensing authority for reasons relating to the
provider’s professional competence, professional
performance, or financial integrity; or
‘‘(B) that surrendered such a license while
a formal disciplinary proceeding was pending
before such an authority, if the proceeding con-
cerned the provider’s professional competence,
professional performance, or financial integrity.
‘‘(2) Any provider that is an entity directly or
indirectly owned, or with a 5 percent or more con-
trolling interest, by an individual who is convicted of
any offense described in subsection (b), against
whom a civil monetary penalty has been assessed
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under subsection (d), or who has been excluded from
participation under this chapter.
‘‘(3) Any provider that the Office determines, in
connection with claims presented under this chapter,
has charged for health care services or supplies in
an amount substantially in excess of such provider’s
customary charges for such services or supplies (un-
less the Office finds there is good cause for such
charge), or charged for health care services or sup-
plies which are substantially in excess of the needs
of the covered individual or which are of a quality
that fails to meet professionally recognized stand-
ards for such services or supplies.
‘‘(4) Any provider that the Office determines
has committed acts described in subsection (d).’’;
(4) in subsection (d), as so redesignated by
paragraph (3), by amending paragraph (1) to read
as follows:
‘‘(1) in connection with claims presented under
this chapter, that a provider has charged for a
health care service or supply which the provider
knows or should have known involves—
‘‘(A) an item or service not provided as
claimed;
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‘‘(B) charges in violation of applicable
charge limitations under section 8904(b); or
‘‘(C) an item or service furnished during a
period in which the provider was excluded from
participation under this chapter pursuant to a
determination by the Office under this section,
other than as permitted under subsection
(g)(2)(B);’’;
(5) in subsection (f), as so redesignated by
paragraph (3), by inserting ‘‘(where such debarment
is not mandatory)’’ after ‘‘under this section’’ the
first place it appears;
(6) in subsection (g), as so redesignated by
paragraph (3)—
(A) by striking ‘‘(g)(1)’’ and all that fol-
lows through the end of paragraph (1) and in-
serting the following:
‘‘(g)(1)(A) Except as provided in subparagraph (B),
debarment of a provider under subsection (b) or (c) shall
be effective at such time and upon such reasonable notice
to such provider, and to carriers and covered individuals,
as shall be specified in regulations prescribed by the Of-
fice. Any such provider that is excluded from participation
may request a hearing in accordance with subsection
(h)(1).