[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5658 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 5658
Making appropriations for the Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain
Independent Agencies for the fiscal year ending September 30, 2001, and
for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
December 14, 2000
Mr. Kolbe introduced the following bill; which was referred to the
Committee on Appropriations
_______________________________________________________________________
A BILL
Making appropriations for the Treasury Department, the United States
Postal Service, the Executive Office of the President, and certain
Independent Agencies for the fiscal year ending September 30, 2001, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies for the fiscal year ending September 30, 2001, and for other
purposes, namely:
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business; not to exceed $2,900,000 for official travel
expenses; not to exceed $3,813,000, to remain available until expended
for information technology modernization requirements; not to exceed
$150,000 for official reception and representation expenses; not to
exceed $258,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Secretary of the
Treasury and to be accounted for solely on his certificate,
$156,315,000: Provided, That the Office of Foreign Assets Control shall
be funded at no less than $11,439,000: Provided further, That of these
amounts $2,900,000 is available for grants to State and local law
enforcement groups to help fight money laundering.
Department-Wide Systems and Capital Investments Programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$47,287,000, to remain available until expended: Provided, That these
funds shall be transferred to accounts and in amounts as necessary to
satisfy the requirements of the Department's offices, bureaus, and
other organizations: Provided further, That this transfer authority
shall be in addition to any other transfer authority provided in this
Act: Provided further, That none of the funds appropriated shall be
used to support or supplement the Internal Revenue Service
appropriations for Information Systems.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated
and expended under the direction of the Inspector General of the
Treasury, $32,899,000.
Treasury Inspector General for Tax Administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase (not to exceed 150 for replacement only for
police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration; not to
exceed $6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration, $118,427,000.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury
Building and Annex, $31,000,000, to remain available until expended.
Expanded Access to Financial Services
(including transfer of funds)
To develop and implement programs to expand access to financial
services for low- and moderate-income individuals, $2,000,000, to
remain available until expended: Provided, That of these funds, such
sums as may be necessary may be transferred to accounts of the
Department's offices, bureaus, and other organizations: Provided
further, That this transfer authority shall be in addition to any other
transfer authority provided in this Act.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law enforcement
agencies, with or without reimbursement, $37,576,000, of which not to
exceed $2,800,000 shall remain available until September 30, 2003; and
of which $2,275,000 shall remain available until September 30, 2002:
Provided, That funds appropriated in this account may be used to
procure personal services contracts.
Counterterrorism Fund
For necessary expenses, as determined by the Secretary,
$55,000,000, to remain available until expended, to reimburse any
Department of the Treasury organization for the costs of providing
support to counter, investigate, or prosecute terrorism, including
payment of rewards in connection with these activities: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in such Act is transmitted by the President to
the Congress.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, as a bureau of the Department of the Treasury, including
materials and support costs of Federal law enforcement basic training;
purchase (not to exceed 52 for police-type use, without regard to the
general purchase price limitation) and hire of passenger motor
vehicles; for expenses for student athletic and related activities;
uniforms without regard to the general purchase price limitation for
the current fiscal year; the conducting of and participating in
firearms matches and presentation of awards; for public awareness and
enhancing community support of law enforcement training; not to exceed
$11,500 for official reception and representation expenses; room and
board for student interns; and services as authorized by 5 U.S.C. 3109,
$94,483,000, of which up to $17,043,000 for materials and support costs
of Federal law enforcement basic training shall remain available until
September 30, 2003: Provided, That the Center is authorized to accept
and use gifts of property, both real and personal, and to accept
services, for authorized purposes, including funding of a gift of
intrinsic value which shall be awarded annually by the Director of the
Center to the outstanding student who graduated from a basic training
program at the Center during the previous fiscal year, which shall be
funded only by gifts received through the Center's gift authority:
Provided further, That notwithstanding any other provision of law,
students attending training at any Federal Law Enforcement Training
Center site shall reside in on-Center or Center-provided housing,
insofar as available and in accordance with Center policy: Provided
further, That funds appropriated in this account shall be available, at
the discretion of the Director, for the following: training United
States Postal Service law enforcement personnel and Postal police
officers; State and local government law enforcement training on a
space-available basis; training of foreign law enforcement officials on
a space-available basis with reimbursement of actual costs to this
appropriation, except that reimbursement may be waived by the Secretary
for law enforcement training activities in foreign countries undertaken
pursuant to section 801 of the Antiterrorism and Effective Death
Penalty Act of 1996, Public Law 104-32; training of private sector
security officials on a space-available basis with reimbursement of
actual costs to this appropriation; and travel expenses of non-Federal
personnel to attend course development meetings and training sponsored
by the Center: Provided further, That the Center is authorized to
obligate funds in anticipation of reimbursements from agencies
receiving training sponsored by the Federal Law Enforcement Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end of the
fiscal year: Provided further, That the Federal Law Enforcement
Training Center is authorized to provide training for the Gang
Resistance Education and Training program to Federal and non-Federal
personnel at any facility in partnership with the Bureau of Alcohol,
Tobacco and Firearms: Provided further, That the Federal Law
Enforcement Training Center is authorized to provide short-term medical
services for students undergoing training at the Center.
acquisition, construction, improvements, and related expenses
For expansion of the Federal Law Enforcement Training Center, for
acquisition of necessary additional real property and facilities, and
for ongoing maintenance, facility improvements, and related expenses,
$29,205,000, to remain available until expended.
Interagency Law Enforcement
interagency crime and drug enforcement
For expenses necessary to conduct investigations and convict
offenders involved in organized crime drug trafficking, including
cooperative efforts with State and local law enforcement, as it relates
to the Treasury Department law enforcement violations such as money
laundering, violent crime, and smuggling, $103,476,000, of which
$7,827,000 shall remain available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$206,851,000, of which not to exceed $10,635,000 shall remain available
until September 30, 2003, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco and
Firearms, including purchase of not to exceed 812 vehicles for police-
type use, of which 650 shall be for replacement only, and hire of
passenger motor vehicles; hire of aircraft; services of expert
witnesses at such rates as may be determined by the Director; for
payment of per diem and/or subsistence allowances to employees where a
major investigative assignment requires an employee to work 16 hours or
more per day or to remain overnight at his or her post of duty; not to
exceed $20,000 for official reception and representation expenses; for
training of State and local law enforcement agencies with or without
reimbursement, including training in connection with the training and
acquisition of canines for explosives and fire accelerants detection;
not to exceed $50,000 for cooperative research and development programs
for Laboratory Services and Fire Research Center activities; and
provision of laboratory assistance to State and local agencies, with or
without reimbursement, $768,695,000, of which not to exceed $1,000,000
shall be available for the payment of attorneys' fees as provided by 18
U.S.C. 924(d)(2); of which up to $2,000,000 shall be available for the
equipping of any vessel, vehicle, equipment, or aircraft available for
official use by a State or local law enforcement agency if the
conveyance will be used in joint law enforcement operations with the
Bureau of Alcohol, Tobacco and Firearms and for the payment of overtime
salaries including Social Security and Medicare, travel, fuel,
training, equipment, supplies, and other similar costs of State and
local law enforcement personnel, including sworn officers and support
personnel, that are incurred in joint operations with the Bureau of
Alcohol, Tobacco and Firearms: Provided, That no funds made available
by this or any other Act may be used to transfer the functions,
missions, or activities of the Bureau of Alcohol, Tobacco and Firearms
to other agencies or Departments in fiscal year 2001: Provided further,
That no funds appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of the Treasury, the records, or
any portion thereof, of acquisition and disposition of firearms
maintained by Federal firearms licensees: Provided further, That no
funds appropriated herein shall be used to pay administrative expenses
or the compensation of any officer or employee of the United States to
implement an amendment or amendments to 27 CFR 178.118 or to change the
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided
further, That none of the funds appropriated herein shall be available
to investigate or act upon applications for relief from Federal
firearms disabilities under 18 U.S.C. 925(c): Provided further, That
such funds shall be available to investigate and act upon applications
filed by corporations for relief from Federal firearms disabilities
under 18 U.S.C. 925(c): Provided further, That no funds under this Act
may be used to electronically retrieve information gathered pursuant to
18 U.S.C. 923(g)(4) by name or any personal identification code.
United States Customs Service
salaries and expenses
For necessary expenses of the United States Customs Service,
including purchase and lease of up to 1,050 motor vehicles of which 550
are for replacement only and of which 1,030 are for police-type use and
commercial operations; hire of motor vehicles; contracting with
individuals for personal services abroad; not to exceed $40,000 for
official reception and representation expenses; and awards of
compensation to informers, as authorized by any Act enforced by the
United States Customs Service, $1,863,765,000, of which such sums as
become available in the Customs User Fee Account, except sums subject
to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be
derived from that Account; of the total, not to exceed $150,000 shall
be available for payment for rental space in connection with
preclearance operations; not to exceed $4,000,000 shall be available
until expended for research; of which not less than $100,000 shall be
available to promote public awareness of the child pornography tipline;
of which not less than $200,000 shall be available for Project Alert;
not to exceed $5,000,000 shall be available until expended for
conducting special operations pursuant to 19 U.S.C. 2081; not to exceed
$8,000,000 shall be available until expended for the procurement of
automation infrastructure items, including hardware, software, and
installation; and not to exceed $5,000,000 shall be available until
expended for repairs to Customs facilities: Provided, That uniforms may
be purchased without regard to the general purchase price limitation
for the current fiscal year: Provided further, That notwithstanding any
other provision of law, the fiscal year aggregate overtime limitation
prescribed in subsection 5(c)(1) of the Act of February 13, 1911 (19
U.S.C. 261 and 267) shall be $30,000.
harbor maintenance fee collection
(including transfer of funds)
For administrative expenses related to the collection of the Harbor
Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be
derived from the Harbor Maintenance Trust Fund and to be transferred to
and merged with the Customs ``Salaries and Expenses'' account for such
purposes.
operation, maintenance and procurement, air and marine interdiction
programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other
related equipment of the Air and Marine Programs, including operational
training and mission-related travel, and rental payments for facilities
occupied by the air or marine interdiction and demand reduction
programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Customs and other Federal, State, and local agencies in the enforcement
or administration of laws enforced by the Customs Service; and, at the
discretion of the Commissioner of Customs, the provision of assistance
to Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts, $133,228,000, which shall remain
available until expended: Provided, That no aircraft or other related
equipment, with the exception of aircraft which is one of a kind and
has been identified as excess to Customs requirements and aircraft
which has been damaged beyond repair, shall be transferred to any other
Federal agency, department, or office outside of the Department of the
Treasury, during fiscal year 2001 without the prior approval of the
Committees on Appropriations.
automation modernization
For expenses not otherwise provided for Customs automated systems,
$258,400,000, to remain available until expended, of which $5,400,000
shall be for the International Trade Data System, and not less than
$130,000,000 shall be for the development of the Automated Commercial
Environment: Provided, That none of the funds appropriated under this
heading may be obligated for the Automated Commercial Environment until
the United States Customs Service prepares and submits to the
Committees on Appropriations a final plan for expenditure that: (1)
meets the capital planning and investment control review requirements
established by the Office of Management and Budget, including OMB
Circular A-11, part 3; (2) complies with the United States Customs
Service's Enterprise Information Systems Architecture; (3) complies
with the acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government; (4) is
reviewed and approved by the Customs Investment Review Board, the
Department of the Treasury, and the Office of Management and Budget;
and (5) is reviewed by the General Accounting Office: Provided further,
That none of the funds appropriated under this heading may be obligated
for the Automated Commercial Environment until that final expenditure
plan has been approved by the Committees on Appropriations.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $187,301,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until expended
for systems modernization: Provided, That the sum appropriated herein
from the General Fund for fiscal year 2001 shall be reduced by not more
than $4,400,000 as definitive security issue fees and Treasury Direct
Investor Account Maintenance fees are collected, so as to result in a
final fiscal year 2001 appropriation from the General Fund estimated at
$182,901,000. In addition, $23,600, to be derived from the Oil Spill
Liability Trust Fund to reimburse the Bureau for administrative and
personnel expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380; and in addition, to be
appropriated from the General Fund, such sums as may be necessary for
administrative expenses in association with the South Dakota Trust Fund
and the Cheyenne River Sioux Tribe Terrestrial Wildlife Restoration and
Lower Brule Sioux Tribe Terrestrial Restoration Trust Fund, as
authorized by sections 603(f) and 604(f) of Public Law 106-53.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service for tax
returns processing; revenue accounting; tax law and account assistance
to taxpayers by telephone and correspondence; providing an independent
taxpayer advocate within the Service; programs to match information
returns and tax returns; management services; rent and utilities; and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $3,567,001,000, of which up to
$3,950,000 shall be for the Tax Counseling for the Elderly Program, and
of which not to exceed $25,000 shall be for official reception and
representation expenses.
tax law enforcement
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation
support; issuing technical rulings; providing service to tax exempt
customers, including employee plans, tax exempt organizations, and
government entities; examining employee plans and exempt organizations;
conducting criminal investigation and enforcement activities; securing
unfiled tax returns; collecting unpaid accounts; compiling statistics
of income and conducting compliance research; purchase (for police-type
use, not to exceed 850) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $3,382,402,000, of which not to
exceed $1,000,000 shall remain available until September 30, 2003, for
research.
earned income tax credit compliance initiative
For funding essential earned income tax credit compliance and error
reduction initiatives pursuant to section 5702 of the Balanced Budget
Act of 1997 (Public Law 105-33), $145,000,000, of which not to exceed
$10,000,000 may be used to reimburse the Social Security Administration
for the costs of implementing section 1090 of the Taxpayer Relief Act
of 1997.
information systems
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information systems;
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner, $1,545,090,000 which shall remain available until
September 30, 2002.
administrative provisions--internal revenue service
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained
in taxpayers' rights, in dealing courteously with the taxpayers, and in
cross-cultural relations.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased manpower to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 844 vehicles for police-type use,
of which 541 shall be for replacement only, and hire of passenger motor
vehicles; purchase of American-made side-car compatible motorcycles;
hire of aircraft; training and assistance requested by State and local
governments, which may be provided without reimbursement; services of
expert witnesses at such rates as may be determined by the Director;
rental of buildings in the District of Columbia, and fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; for payment of per diem and/or subsistence
allowances to employees where a protective assignment during the actual
day or days of the visit of a protectee require an employee to work 16
hours per day or to remain overnight at his or her post of duty; the
conducting of and participating in firearms matches; presentation of
awards; for travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in this or any
other Act if approval is obtained in advance from the Committees on
Appropriations; for research and development; for making grants to
conduct behavioral research in support of protective research and
operations; not to exceed $25,000 for official reception and
representation expenses; not to exceed $100,000 to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; for payment in advance for commercial
accommodations as may be necessary to perform protective functions; and
for uniforms without regard to the general purchase price limitation
for the current fiscal year, $823,800,000, of which $3,633,000 shall be
available as a grant for activities related to the investigations of
exploited children and shall remain available until expended: Provided,
That up to $18,000,000 provided for protective travel shall remain
available until September 30, 2002.
acquisition, construction, improvements, and related expenses
For necessary expenses of construction, repair, alteration, and
improvement of facilities, $8,941,000, to remain available until
expended.
General Provisions--Department of the Treasury
Sec. 110. Any obligation or expenditure by the Secretary of the
Treasury in connection with law enforcement activities of a Federal
agency or a Department of the Treasury law enforcement organization in
accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated balances
remaining in the Fund on September 30, 2001, shall be made in
compliance with reprogramming guidelines.
Sec. 111. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 112. The funds provided to the Bureau of Alcohol, Tobacco and
Firearms for fiscal year 2001 in this Act for the enforcement of the
Federal Alcohol Administration Act shall be expended in a manner so as
not to diminish enforcement efforts with respect to section 105 of the
Federal Alcohol Administration Act.
Sec. 113. Not to exceed 2 percent of any appropriations in this Act
made available to the Federal Law Enforcement Training Center,
Financial Crimes Enforcement Network, Bureau of Alcohol, Tobacco and
Firearms, United States Customs Service, and United States Secret
Service may be transferred between such appropriations upon the advance
approval of the Committees on Appropriations. No transfer may increase
or decrease any such appropriation by more than 2 percent.
Sec. 114. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices, Office of Inspector
General, Treasury Inspector General for Tax Administration, Financial
Management Service, and Bureau of the Public Debt, may be transferred
between such appropriations upon the advance approval of the Committees
on Appropriations. No transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 115. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations. No transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 116. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the Secretary of
the Treasury certifies that the purchase by the respective Treasury
bureau is consistent with Departmental vehicle management principles:
Provided, That the Secretary may delegate this authority to the
Assistant Secretary for Management.
Sec. 117. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 118. Hereafter, funds made available by this or any other Act
may be used to pay premium pay for protective services authorized by
section 3056(a) of title 18, United States Code, without regard to the
limitation on the rate of pay payable during a pay period contained in
section 5547(c)(2) of title 5, United States Code, except that such
premium pay shall not be payable to an employee to the extent that the
aggregate of the employee's basic and premium pay for the year would
otherwise exceed the annual equivalent of that limitation. The term
premium pay refers to the provisions of law cited in the first sentence
of section 5547(a) of title 5, United States Code. Payment of
additional premium pay payable under this section may be made in a lump
sum on the last payday of the calendar year.
Sec. 119. The Secretary of the Treasury may transfer funds from
``Salaries and Expenses'', Financial Management Service, to the Debt
Services Account as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such Salaries and
Expenses account from debt collections received in the Debt Services
Account.
Sec. 120. Under the heading of Treasury Franchise Fund in Public
Law 104-208, delete the following: the phrases ``pilot, as authorized
by section 403 of Public Law 103-356,''; and ``as provided in such
section''; and the final proviso. After the phrase ``to be available'',
insert ``without fiscal year limitation,''. After the phrase,
``established in the Treasury a franchise fund'', insert, ``until
October 1, 2002''.
Sec. 121. Notwithstanding any other provision of law, no
reorganization of the field operations of the United States Customs
Service Office of Field Operations shall result in a reduction in
service to the area served by the Port of Racine, Wisconsin, below the
level of service provided in fiscal year 2000.
Sec. 122. Notwithstanding any other provision of law, the Bureau of
Alcohol, Tobacco and Firearms shall reimburse the subcontractor that
provided services in 1993 and 1994 pursuant to Bureau of Alcohol,
Tobacco and Firearms contract number TATF 93-3 from amounts
appropriated for fiscal year 2001 or unobligated balances from prior
fiscal years, and such reimbursement shall cover the cost of all
professional services rendered, plus interest calculated in accordance
with the Contract Dispute Act of 1978 (41 U.S.C. 601 et seq.).
This title may be cited as the ``Treasury Department Appropriations
Act, 2001''.
TITLE II--POSTAL SERVICE
Payment to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $96,093,000, of which $67,093,000
shall not be available for obligation until October 1, 2001: Provided,
That mail for overseas voting and mail for the blind shall continue to
be free: Provided further, That 6-day delivery and rural delivery of
mail shall continue at not less than the 1983 level: Provided further,
That none of the funds made available to the Postal Service by this Act
shall be used to implement any rule, regulation, or policy of charging
any officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That none
of the funds provided in this Act shall be used to consolidate or close
small rural and other small post offices in fiscal year 2001.
This title may be cited as the ``Postal Service Appropriations Act,
2001''.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President and the White House Office
compensation of the president
For compensation of the President, including an expense allowance
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102,
$390,000: Provided, That none of the funds made available for official
expenses shall be expended for any other purpose and any unused amount
shall revert to the Treasury pursuant to section 1552 of title 31,
United States Code: Provided further, That none of the funds made
available for official expenses shall be considered as taxable to the
President.
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers,
periodicals, teletype news service, and travel (not to exceed $100,000
to be expended and accounted for as provided by 3 U.S.C. 103); and not
to exceed $19,000 for official entertainment expenses, to be available
for allocation within the Executive Office of the President,
$53,288,000: Provided, That $9,072,000 of the funds appropriated shall
be available for reimbursements to the White House Communications
Agency.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $10,900,000, to be expended
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under section 3717 of title 31, United States
Code: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial
events, the amount of such total that consists of reimbursable
political events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further, That the
Executive Residence shall maintain a system for the tracking of
expenses related to reimbursable events within the Executive Residence
that includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
white house repair and restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $968,000, to remain available until
expended, for projects for required maintenance, safety and health
issues, Presidential transition, telecommunications infrastructure
repair, and continued preventive maintenance.
Special Assistance to the President and the Official Residence of the
Vice President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $3,673,000.
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, heating and
lighting, including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor vehicles;
and not to exceed $90,000 for official entertainment expenses of the
Vice President, to be accounted for solely on his certificate,
$354,000: Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021), $4,110,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$4,032,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $7,165,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $43,737,000, of which $9,905,000 shall be
available until September 30, 2002 for a capital investment plan which
provides for the continued modernization of the information technology
infrastructure.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, $68,786,000, of which not to exceed $5,000,000 shall
be available to carry out the provisions of chapter 35 of title 44,
United States Code: Provided, That, as provided in 31 U.S.C. 1301(a),
appropriations shall be applied only to the objects for which
appropriations were made except as otherwise provided by law: Provided
further, That none of the funds appropriated in this Act for the Office
of Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or the
Committees on Veterans' Affairs or their subcommittees: Provided
further, That the preceding shall not apply to printed hearings
released by the Committees on Appropriations or the Committees on
Veterans' Affairs.
Office of National Drug Control Policy
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (title VII of division C of
Public Law 105-277); not to exceed $8,000 for official reception and
representation expenses; and for participation in joint projects or in
the provision of services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or without
reimbursement, $24,759,000, of which $2,100,000 shall remain available
until expended, consisting of $1,100,000 for policy research and
evaluation, and $1,000,000 for the National Alliance for Model State
Drug Laws, and up to $600,000 for the evaluation of the Drug-Free
Communities Act: Provided, That the Office is authorized to accept,
hold, administer, and utilize gifts, both real and personal, public and
private, without fiscal year limitation, for the purpose of aiding or
facilitating the work of the Office.
counterdrug technology assessment center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment
Center for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (title VII of division C of
Public Law 105-277), $29,053,000, which shall remain available until
expended, consisting of $15,803,000 for counternarcotics research and
development projects, and $13,250,000 for the continued operation of
the technology transfer program: Provided, That the $15,803,000 for
counter-narcotics research and development projects shall be available
for transfer to other Federal departments or agencies.
Federal Drug Control Programs
high intensity drug trafficking areas program
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $206,500,000
for drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas, of which
no less than 51 percent shall be transferred to State and local
entities for drug control activities, which shall be obligated within
120 days of the date of the enactment of this Act: Provided, That up to
49 percent, to remain available until September 30, 2002, may be
transferred to Federal agencies and departments at a rate to be
determined by the Director: Provided further, That, of this latter
amount, $1,800,000 shall be used for auditing services: Provided
further, That HIDTAs designated as of September 30, 2000, shall be
funded at fiscal year 2000 levels unless the Director submits to the
Committees, and the Committees approve, justification for changes in
those levels based on clearly articulated priorities for the HIDTA
program, as well as published ONDCP performance measures of
effectiveness.
special forfeiture fund
(including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and other purposes, authorized by Public Law 105-277, $233,600,000, to
remain available until expended: Provided, That such funds may be
transferred to other Federal departments and agencies to carry out such
activities: Provided further, That of the funds provided, $185,000,000
shall be to support a national media campaign, as authorized in the
Drug-Free Media Campaign Act of 1998: Provided further, That of the
funds provided, $3,300,000 shall be made available to the United States
Olympic Committee's anti-doping program no later than 30 days after the
enactment of this Act: Provided further, That of the funds provided,
$40,000,000 shall be to continue a program of matching grants to drug-
free communities, as authorized in the Drug-Free Communities Act of
1997: Provided further, That of the funds provided, $1,000,000 shall be
available to the National Drug Court Institute.
This title may be cited as the ``Executive Office Appropriations
Act, 2001''.
TITLE IV--INDEPENDENT AGENCIES
Committee for Purchase From People Who are Blind or Severely Disabled
salaries and expenses
For necessary expenses of the Committee for Purchase From People
Who Are Blind or Severely Disabled established by the Act of June 23,
1971, Public Law 92-28, $4,158,000.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended, $40,500,000, of which no
less than $4,689,500 shall be available for internal automated data
processing systems, and of which not to exceed $5,000 shall be
available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, including hire of experts and consultants,
hire of passenger motor vehicles, and rental of conference rooms in the
District of Columbia and elsewhere, $25,058,000: Provided, That public
members of the Federal Service Impasses Panel may be paid travel
expenses and per diem in lieu of subsistence as authorized by law (5
U.S.C. 5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109: Provided
further, That notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account, to be
available without further appropriation for the costs of carrying out
these conferences.
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
For an additional amount to be deposited in, and to be used for the
purposes of, the Fund established pursuant to section 210(f) of the
Federal Property and Administration Act of 1949, as amended (40 U.S.C.
490(f)), $464,154,000. The revenues and collections deposited into the
Fund shall be available for necessary expenses of real property
management and related activities not otherwise provided for, including
operation, maintenance, and protection of federally-owned and leased
buildings; rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in connection
with the assignment, allocation and transfer of space; contractual
services incident to cleaning or servicing buildings, and moving;
repair and alteration of federally-owned buildings including grounds,
approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally-owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $5,971,509,000 of which: (1)
$472,176,000 shall remain available until expended for construction
(including funds for sites and expenses and associated design and
construction services) of additional projects at the following
locations: California, Los Angeles, United States Courthouse; District
of Columbia, Bureau of Alcohol, Tobacco and Firearms Headquarters;
Florida, Saint Petersburg, Combined Law Enforcement Facility; Maryland,
Montgomery County, Food and Drug Administration Consolidation;
Michigan, Sault St. Marie, Border Station; Mississippi, Biloxi-
Gulfport, United States Courthouse; Montana, Eureka/Roosville, Border
Station; Virginia, Richmond, United States Courthouse; Washington,
Seattle, United States Courthouse: Provided, That funding for any
project identified above may be exceeded to the extent that savings are
effected in other such projects, but not to exceed 10 percent of the
amounts included in an approved prospectus, if required, unless advance
approval is obtained from the Committees on Appropriations of a greater
amount: Provided further, That all funds for direct construction
projects shall expire on September 30, 2002, and remain in the Federal
Buildings Fund except for funds for projects as to which funds for
design or other funds have been obligated in whole or in part prior to
such date; (2) $671,193,000 shall remain available until expended for
repairs and alterations which includes associated design and
construction services: Provided further, That funds in the Federal
Buildings Fund for Repairs and Alterations shall, for prospectus
projects, be limited to the amount by project, as follows, except each
project may be increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on Appropriations of a
greater amount:
Repairs and alterations:
Arizona:
Phoenix, Federal Building Courthouse, $26,962,000
California:
Santa Ana, Federal Building, $27,864,000
District of Columbia:
Internal Revenue Service Headquarters (Phase 1),
$31,780,000
Main State Building, (Phase 3), $28,775,000
Maryland:
Woodlawn, SSA National Computer Center, $4,285,000
Michigan:
Detroit, McNamara Federal Building, $26,999,000
Missouri:
Kansas City, Richard Bolling Federal Building,
$25,882,000
Kansas City, Federal Building, 8930 Ward Parkway,
$8,964,000
Nebraska:
Omaha, Zorinsky Federal Building, $45,960,000
New York:
New York City, 40 Foley Square, $5,037,000
Ohio:
Cincinnati, Potter Stewart United States
Courthouse, $18,434,000
Pennsylvania:
Pittsburgh, United States Post Office-Courthouse,
$54,144,000
Utah:
Salt Lake City, Bennett Federal Building,
$21,199,000
Virginia:
Reston, J.W. Powell Federal Building (Phase 2),
$22,993,000
Nationwide:
Design Program, $21,915,000
Energy Program, $5,000,000
Glass Fragment Retention Program, $5,000,000
Basic Repairs and Alterations, $290,000,000:
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
notice is transmitted to the Committees on Appropriations: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet the
minimum standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to Basic Repairs and Alterations or
used to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations prospectus projects
shall expire on September 30, 2002, and remain in the Federal Buildings
Fund except funds for projects as to which funds for design or other
funds have been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against the
Government arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects; (3) $185,369,000 for installment acquisition payments
including payments on purchase contracts which shall remain available
until expended; (4) $2,944,905,000 for rental of space which shall
remain available until expended; and (5) $1,624,771,000 for building
operations which shall remain available until expended: Provided
further, That in addition to amounts made available herein,
$276,400,000 shall be deposited to the Fund, to become available on
October 1, 2001, and remain available until expended for the following
construction projects (including funds for sites and expenses and
associated design and construction services): District of Columbia,
United States Courthouse Annex; Florida, Miami, United States
Courthouse; Massachusetts, Springfield, United States Courthouse; New
York, Buffalo, United States Courthouse: Provided further, That funding
for any project identified above may be exceeded to the extent that
savings are effected in other such projects, but not to exceed 10
percent of the amounts included in an approved prospectus, if required,
unless advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That funds
available to the General Services Administration shall not be available
for expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by the Public Buildings Act
of 1959, as amended, has not been approved, except that necessary funds
may be expended for each project for required expenses for the
development of a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to provide
reimbursable special services to other agencies under section 210(f)(6)
of the Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 490(f)(6)) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
2001, excluding reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6))
in excess of $5,971,509,000 shall remain in the Fund and shall not be
available for expenditure except as authorized in appropriations Acts.
policy and operations
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and oversight activities associated with asset
management activities; utilization and donation of surplus personal
property; transportation; procurement and supply; Government-wide
responsibilities relating to automated data management,
telecommunications, information resources management, and related
technology activities; utilization survey, deed compliance inspection,
appraisal, environmental and cultural analysis, and land use planning
functions pertaining to excess and surplus real property; agency-wide
policy direction; Board of Contract Appeals; accounting, records
management, and other support services incident to adjudication of
Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $5,000 for
official reception and representation expenses, $123,920,000, of which
$27,301,000 shall remain available until expended: Provided, That none
of the funds appropriated from this Act shall be available to convert
the Old Post Office at 1100 Pennsylvania Avenue in Northwest
Washington, D.C., from office use to any other use until a
comprehensive plan, which shall include street-level retail use, has
been approved by the Senate Committee on Appropriations, the House
Committee on Transportation and Infrastructure, and the Senate
Committee on Environment and Public Works: Provided further, That no
funds from this Act shall be available to acquire by purchase,
condemnation, or otherwise the leasehold rights of the existing lease
with private parties at the Old Post Office prior to the approval of
the comprehensive plan by the Senate Committee on Appropriations, the
House Committee on Transportation and Infrastructure, and the Senate
Committee on Environment and Public Works.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $34,520,000: Provided, That not
to exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $2,517,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry
out the provisions of such Acts.
expenses, presidential transition
For expenses necessary to carry out the Presidential Transition Act
of 1963, as amended, $7,100,000.
General Services Administration--General Provisions
Sec. 401. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made available for
fiscal year 2001 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations.
Sec. 404. No funds made available by this Act shall be used to
transmit a fiscal year 2002 request for United States Courthouse
construction that: (1) does not meet the design guide standards for
construction as established and approved by the General Services
Administration, the Judicial Conference of the United States, and the
Office of Management and Budget; and (2) does not reflect the
priorities of the Judicial Conference of the United States as set out
in its approved 5-year construction plan: Provided, That the fiscal
year 2002 request must be accompanied by a standardized courtroom
utilization study of each facility to be constructed, replaced, or
expanded.
Sec. 405. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Funds provided to other Government agencies by the
Information Technology Fund, General Services Administration, under 40
U.S.C. 757 and sections 5124(b) and 5128 of Public Law 104-106,
Information Technology Management Reform Act of 1996, for performance
of pilot information technology projects which have potential for
Governmentwide benefits and savings, may be repaid to this Fund from
any savings actually incurred by these projects or other funding, to
the extent feasible.
Sec. 407. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 408. Section 411 of Public Law 106-58 is amended by striking
``April 30, 2001'' each place it appears and inserting ``April 30,
2002''.
Sec. 409. Designation of Ronald N. Davies Federal Building and
United States Courthouse. (a) The Federal building and courthouse
located at 102 North 4th Street, Grand Forks, North Dakota, shall be
known and designated as the ``Ronald N. Davies Federal Building and
United States Courthouse''.
(b) Any reference in a law, map, regulation, document, paper, or
other record of the United States to the Federal building and
courthouse referred to in section 1 shall be deemed to be a reference
to the Ronald N. Davies Federal Building and United States Courthouse.
Sec. 410. From the funds made available under the heading ``Federal
Buildings Fund Limitations on Revenue'', in addition to amounts
provided in budget activities above, up to $2,500,000 shall be
available for the construction of a road and acquisition of the
property necessary for construction of said road and associated port of
entry facilities: Provided, That said property shall include a 125 foot
wide right-of-way beginning approximately 700 feet east of Highway 11
at the northeast corner of the existing port facilities and going north
approximately 4,750 feet and approximately 10.22 acres adjacent to the
port of entry in Township 29 S. Range 8W., Section 14: Provided
further, That construction of the road shall occur only after this
property is deeded and conveyed to the United States by and through the
General Services Administration without reimbursement or cost to the
United States at the election of its current landholder: Provided
further, That notwithstanding any other provision of law, and subject
to the foregoing conditions, the Administrator of General Services
shall construct a road to the Columbus, New Mexico Port of Entry
Station on the property, connecting the port with a road to be built by
the County of Luna, New Mexico to connect to State Highway 11: Provided
further, That notwithstanding any other provision of law, Luna County
shall construct the roadway from State Highway 11 to the terminus of
the northbound road to be constructed by the General Services
Administration in time for completion of the road to be constructed by
the General Services Administration in time for completion of the road
to be constructed by the General Services Administration: Provided
further, That upon completion of the construction of the road by the
General Services Administration, and notwithstanding any other
provision of law, the Administrator of General Services shall convey to
the municipality of Luna County, New Mexico, without reimbursement, all
right, title, and interest of the United States to that portion of the
property constituting the improved road and standard county road right-
of-way which is not required for the operation of the port of entry:
Provided further, That the General Services Administration on behalf of
the United States upon conveyance of the property to the municipality
of Luna, New Mexico, shall retain the balance of the property located
adjacent to the port, consisting of approximately 12 acres, to be owned
or otherwise managed by the Administrator pursuant to the Federal
Property and Administrative Services Act of 1949, as amended: Provided
further, That the General Services Administration is authorized to
acquire such additional real property and rights in real property as
may be necessary to construct said road and provide a contiguous site
for the port of entry: Provided further, That the United States shall
incur no liability for any environmental laws or conditions existing at
the property at the time of conveyance to the United States or in
connection with the construction of the road: Provided further, That
Luna County and the Village of Columbus shall be responsible for
providing adequate access and egress to existing properties east of the
port of entry: Provided further, That the Bureau of Land Management,
the International Boundary and Water Commission, the Federal Inspection
Agencies and the Department of State shall take all actions necessary
to facilitate the construction of the road and expansion of the port
facilities.
Sec. 411. Designation of J. Bratton Davis United States Bankruptcy
Courthouse. (a) The United States bankruptcy courthouse at 1100 Laurel
Street in Columbia, South Carolina, shall be known and designated as
the ``J. Bratton Davis United States Bankruptcy Courthouse''.
(b) Any reference in a law, map, regulation, document, paper, or
other record of the United States to the United States bankruptcy
courthouse referred to in subsection (a) shall be deemed to be a
reference to the ``J. Bratton Davis United States Bankruptcy
Courthouse''.
Sec. 412. (a) The United States Courthouse Annex located at 901
19th Street in Denver, Colorado is hereby designated as the ``Alfred A.
Arraj United States Courthouse Annex''.
(b) Any reference in a law, map, regulation, document, or paper or
other record of the United States to the Courthouse Annex herein
referred to in subsection (a) shall be deemed to be a reference to the
``Alfred A. Arraj United States Courthouse Annex''.
Sec. 413. Designation of the Paul Coverdell Dormitory. The
dormitory building currently being constructed on the Core Campus of
the Federal Law Enforcement Training Center in Glynco, Georgia, shall
be known and designated as the ``Paul Coverdell Dormitory''.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
the Civil Service Reform Act of 1978, including services as authorized
by 5 U.S.C. 3109, rental of conference rooms in the District of
Columbia and elsewhere, hire of passenger motor vehicles, and direct
procurement of survey printing, $29,437,000 together with not to exceed
$2,430,000 for administrative expenses to adjudicate retirement appeals
to be transferred from the Civil Service Retirement and Disability Fund
in amounts determined by the Merit Systems Protection Board.
Federal Payment to Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Trust Fund, to be available for the purposes of
Public Law 102-252, $2,000,000, to remain available until expended.
Environmental Dispute Resolution Fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $1,250,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives (including the Information Security Oversight Office)
and archived Federal records and related activities, as provided by
law, and for expenses necessary for the review and declassification of
documents, and for the hire of passenger motor vehicles, $209,393,000:
Provided, That the Archivist of the United States is authorized to use
any excess funds available from the amount borrowed for construction of
the National Archives facility, for expenses necessary to provide
adequate storage for holdings.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $95,150,000, to remain
available until expended of which $88,000,000 is to complete renovation
of the National Archives Building.
National Historical Publications and Records Commission
grants program
(including rescission of funds)
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$6,450,000, to remain available until expended.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended and the Ethics Reform Act of 1989, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles, and not to
exceed $1,500 for official reception and representation expenses,
$9,684,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No. 10422 of
January 9, 1953, as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty, $94,095,000;
and in addition $101,986,000 for administrative expenses, to be
transferred from the appropriate trust funds of the Office of Personnel
Management without regard to other statutes, including direct
procurement of printed materials, for the retirement and insurance
programs, of which $10,500,000 shall remain available until expended
for the cost of automating the retirement recordkeeping systems:
Provided, That the provisions of this appropriation shall not affect
the authority to use applicable trust funds as provided by sections
8348(a)(1)(B) and 8909(g) of title 5, United States Code: Provided
further, That no part of this appropriation shall be available for
salaries and expenses of the Legal Examining Unit of the Office of
Personnel Management established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during fiscal year 2001, accept donations of money, property, and
personal services in connection with the development of a publicity
brochure to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,360,000; and in addition, not to exceed $9,745,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
as amended, such sums as may be necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to
the Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, That annuities authorized by the Act of May 29,
1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C.
771-775), may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 103-424, and the
Uniformed Services Employment and Reemployment Act of 1994 (Public Law
103-353), including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles, $11,147,000.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $37,305,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
This title may be cited as the ``Independent Agencies
Appropriations Act, 2001''.
TITLE V--GENERAL PROVISIONS
This Act
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 503. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930.
Sec. 504. None of the funds made available by this Act shall be
available in fiscal year 2001 for the purpose of transferring control
over the Federal Law Enforcement Training Center located at Glynco,
Georgia, and Artesia, New Mexico, out of the Department of the
Treasury.
Sec. 505. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has
within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his former position
and has been certified by the Office of Personnel Management as still
qualified to perform the duties of his former position and has not been
restored thereto.
Sec. 506. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').
Sec. 507. (a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized to be
purchased with financial assistance provided under this Act, it is the
sense of the Congress that entities receiving such assistance should,
in expending the assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing 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 inscription 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 ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 509. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefit program
which provides any benefits or coverage for abortions.
Sec. 510. The provision of section 509 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. 511. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2001 from appropriations made available for salaries
and expenses for fiscal year 2001 in this Act, shall remain available
through September 30, 2002, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 512. 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 official background investigation report on
any individual, except when--
(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. 513. The cost accounting standards promulgated under section
26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
41 U.S.C. 422) shall not apply with respect to a contract under the
Federal Employees Health Benefits Program established under chapter 89
of title 5, United States Code.
Sec. 514. (a) In General.--As soon as practicable after the date of
the enactment of this Act, the Archivist of the United States shall
transfer to the Gerald R. Ford Foundation, as trustee, all right,
title, and interest of the United States in and to the approximately
2.3 acres of land located within Grand Rapids, Michigan, and further
described in subsection (b), such grant to be in trust, with the
beneficiary being the National Archives and Records Administration, for
the purpose of supporting the facilities and programs of the Gerald R.
Ford Museum in Grand Rapids, Michigan, and the Gerald R. Ford Library
in Ann Arbor, Michigan, in accordance with a trust agreement to be
agreed upon by the Archivist and the Gerald R. Ford Foundation.
(b) Land Description.--The land to be transferred pursuant to
subsection (a) is described as follows:
The following premises in the City of Grand Rapids, County of Kent,
State of Michigan, described as:
That part of Block 2, Converse Plat, and that part of Block 2 of
J.W. Converse Replatted Addition, and that part of Government Lot 1 of
Section 25, T7N, R12W, City of Grand Rapids, Kent County, Michigan,
described as: BEGINNING at the NE corner of Lot 1 of Block 2 of
Converse Plat; thence East 245.0 feet along the South line of Bridge
Street; thence South 230.0 feet along a line which is parallel with and
170 feet East from the East line of Front Avenue as originally platted;
thence West 207.5 feet parallel with the South line of Bridge Street;
thence South along the centerline of vacated Front Avenue 109 feet more
or less to the extended centerline of vacated Douglas Street; thence
West along the centerline of vacated Douglas Street 237.5 feet more or
less to the East line of Scribner Avenue; thence North along the East
line of Scribner Avenue 327 feet more or less to a point which is 7.0
feet South from the NW corner of Lot 8 of Block 2 of Converse Plat;
thence Easterly 200 feet more or less to the place of beginning, also
described as:
Parcel A--Lots 9 & 10, Block 2 of Converse Plat, being the
subdivision of Government Lots 1 & 2, Section 25, T7N, R12W; also Lots
11-24, Block 2 of J.W. Converse Replatted Addition; also part of N \1/
2\ of Section 25, T7N, R12W, commencing at SE corner Lot 24, Block 2 of
J.W. Converse Replatted Addition, thence N to NE corner of Lot 9 of
Converse Plat, thence E 16 feet, thence S to SW corner of Lot 23 of
J.W. Converse Replatted Addition, thence W 16 feet to beginning.
Parcel B--Part of Section 25, T7N, R12W, commencing on S line of
Bridge Street 50 feet E of E line of Front Avenue, thence S 107.85
feet, thence 77 feet, thence N to a point on S line of said street
which is 80 feet E of beginning, thence W to beginning.
Parcel C--Part of Section 25, T7N, R12W, commencing at SE corner
Bridge Street & Front Avenue, thence E 50 feet, thence S 107.85 feet to
alley, thence W 50 feet to E line Front Avenue, thence N 106.81 feet to
beginning.
Parcel D--Part of Government Lot 1, Section 25, T7N, R12W,
commencing at a point on S line of Bridge Street (66' wide) 170 feet E
of E line of Front Avenue (75' wide), thence S 230 feet parallel with
Front Avenue, thence W 170 feet parallel with Bridge Street to E line
of Front Avenue, thence N along said line to a point 106.81 feet S of
intersection of said line with extension of N & S line of Bridge
Street, thence E 127 feet, thence northerly to a point on S line of
Bridge Street 130 feet E of E line of Front Avenue, thence E along S
line of Bridge Street to beginning.
Parcel E--Lots 1 through 8 of Block 2 of Converse Plat, being the
subdivision of Government Lots 1 and 2, Section 25, T7N, R12W.
Also part of N \1/2\ of Section 25, T7N, R12W, commencing at NW
corner of Lot 9, Block 2 of J.W. Converse Replatted Addition; thence N
15 feet to SW corner of Lot 8; thence E 200 feet to SE corner Lot 1;
thence S 15 feet to NE corner of Lot 10; thence W 200 feet to
beginning.
Together with any portion of vacated streets and alleys that have
become part of the above property.
(c) Terms and Conditions.--
(1) Compensation.--The land transferred pursuant to
subsection (a) shall be transferred without compensation to the
United States.
(2) Appointment of successor trustee.--In the event that
the Gerald R. Ford Foundation for any reason is unable or
unwilling to continue to serve as trustee, the Archivist of the
United States is authorized to appoint a successor trustee.
(3) Reversionary interest.--If the Archivist of the United
States determines that the Gerald R. Ford Foundation (or a
successor trustee appointed under paragraph (2)) has breached
its fiduciary duty under the trust agreement entered into
pursuant to this section, the land transferred pursuant to
subsection (a) shall revert to the United States under the
administrative jurisdiction of the Archivist.
Sec. 515. (a) In General.--The Director of the Office of Management
and Budget shall, by not later than September 30, 2001, and with public
and Federal agency involvement, issue guidelines under sections
3504(d)(1) and 3516 of title 44, United States Code, that provide
policy and procedural guidance to Federal agencies for ensuring and
maximizing the quality, objectivity, utility, and integrity of
information (including statistical information) disseminated by Federal
agencies in fulfillment of the purposes and provisions of chapter 35 of
title 44, United States Code, commonly referred to as the Paperwork
Reduction Act.
(b) Content of Guidelines.--The guidelines under subsection (a)
shall--
(1) apply to the sharing by Federal agencies of, and access
to, information disseminated by Federal agencies; and
(2) require that each Federal agency to which the
guidelines apply--
(A) issue guidelines ensuring and maximizing the
quality, objectivity, utility, and integrity of
information (including statistical information)
disseminated by the agency, by not later than 1 year
after the date of issuance of the guidelines under
subsection (a);
(B) establish administrative mechanisms allowing
affected persons to seek and obtain correction of
information maintained and disseminated by the agency
that does not comply with the guidelines issued under
subsection (a); and
(C) report periodically to the Director--
(i) the number and nature of complaints
received by the agency regarding the accuracy
of information disseminated by the agency; and
(ii) how such complaints were handled by
the agency.
Sec. 516. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office pursuant to court approval.
Sec. 517. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol, which was adopted on December 11, 1997, in Kyoto,
Japan, at the Third Conference of the Parties to the United Nations
Framework Convention on Climate Change, which has not been submitted to
the Senate for advice and consent to ratification pursuant to article
II, section 2, clause 2, of the United States Constitution, and which
has not entered into force pursuant to article 25 of the Protocol.
Sec. 518. Not later than July 1, 2001, the Director of the Office
of Management and Budget shall submit a report to the Committee on
Appropriations and the Committee on Governmental Affairs of the Senate
and the Committee on Appropriations and the Committee on Government
Reform of the House of Representatives that: (1) evaluates, for each
agency, the extent to which implementation of chapter 35 of title 31,
United States Code, as amended by the Paperwork Reduction Act of 1995
(Public Law 104-13), has reduced burden imposed by rules issued by the
agency, including the burden imposed by each major rule issued by the
agency; (2) includes a determination, based on such evaluation, of the
need for additional procedures to ensure achievement of the purposes of
that chapter, as set forth in section 3501 of title 31, United States
Code, and evaluates the burden imposed by each major rule that imposes
more than 10,000,000 hours of burden, and identifies specific
reductions expected to be achieved in each of fiscal years 2001 and
2002 in the burden imposed by all rules issued by each agency that
issued such a major rule.
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 immediate 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 2001 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer 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. 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 vehicle (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 exceed $4,000 for
special heavy-duty vehicles: Provided further, That the limits set
forth in this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research, Development,
and Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost of clean
alternative fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 604. 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. 605. 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 unless 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 the 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 residing in the United States; (3) is a person who owes
allegiance to the United States; (4) is an alien from Cuba, Poland,
South Vietnam, the countries of the former Soviet Union, or the Baltic
countries lawfully admitted to the United States for permanent
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
paroled in the United States after January 1, 1975; or (6) is a
national of the People's Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992:
Provided, That for the purpose of this section, an affidavit signed by
any such person shall be considered prima facie evidence that the
requirements of this section with respect to his or her 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
Philippines, 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. 606. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 607. 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 following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 608. 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 correspondingly reduced.
Sec. 609. 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. 610. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 611. 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 provisions of sections 2 and 3 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto
penal consequences under the authority and within the limits provided
in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318c).
Sec. 612. 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 disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the
applicable law of the United States.
Sec. 613. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2001, 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 613 of the Treasury and General
Government Appropriations Act, 2000, until the normal effective
date of the applicable wage survey adjustment that is to take
effect in fiscal year 2001, in an amount that exceeds the rate
payable for the applicable grade and step of the applicable
wage schedule in accordance with such section 613; and
(2) during the period consisting of the remainder of fiscal
year 2001, 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 2001 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2001 under section 5304 of
such title (whether by adjustment or otherwise), and
the overall average percentage of such payments which
was effective in fiscal year 2000 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 employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
not in existence on September 30, 2000, 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, 2000, except to the extent determined
by the Office of Personnel 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, 2000.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee 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 permit 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. 614. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer, or
employee, 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. 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. 615. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations,
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. 616. Notwithstanding section 1346 of title 31, United States
Code, or section 610 of this Act, funds made available for fiscal year
2001 by this or any other Act shall be available for the interagency
funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 617. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section
3302 of title 5, United States Code, without a certification to the
Office of Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C appointee
that the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services 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 intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of
the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 618. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2001 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in violation of title
VII of the Civil Rights Act of 1964, as amended, the Age Discrimination
in Employment Act of 1967, and the Rehabilitation Act of 1973.
Sec. 619. 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 manufactured by forced or indentured child labor, as
determined pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C.
1307).
Sec. 620. 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 Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
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 request or inquiry of
such Member, committee, or subcommittee; 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 discriminates 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 Government, 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 described in paragraph (1).
Sec. 621. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance 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;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(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. 622. No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, U.S.C. (governing disclosures to
Congress); section 1034 of title 10, United States Code, as amended by
the Military Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of title 5,
United States Code, as amended by 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
expose 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 controlling.'': 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 activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the 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 disclosures to Congress
or to an authorized official of an executive agency or the Department
of Justice that are essential to reporting a substantial violation of
law.
Sec. 623. 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-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television or
film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 624. (a) In General.--For calendar year 2002 and each year
thereafter, the Director 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;
(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 Management and Budget
shall provide public notice and an opportunity to comment on the
statement and report under subsection (a) before the statement and
report are submitted to Congress.
(c) Guidelines.--To implement this section, the Director 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 Management and
Budget shall provide for independent and external 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. 625. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 626. Hereafter, 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. 627. 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 person or any organization outside of the
Federal Government without the approval of the Committees on
Appropriations.
Sec. 628. No part of any appropriation contained in this or any
other Act shall be used for publicity or propaganda purposes within the
United States not heretofore authorized by the Congress.
Sec. 629. (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 Office.
(b) Unless authorized in accordance with law or regulations 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 system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
Sec. 630. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO;
(B) Care Choices;
(C) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 631. Notwithstanding 31 U.S.C. 1346 and section 610 of this
Act, funds made available for fiscal year 2001 by this or any other Act
to any department or agency, which is a member of the Joint Financial
Management Improvement Program (JFMIP), shall be available to finance
an appropriate share of JFMIP administrative costs, as determined by
the JFMIP, but not to exceed a total of $800,000 including the salary
of the Executive Director and staff support.
Sec. 632. Notwithstanding 31 U.S.C. 1346 and section 610 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to the ``Policy and Operations'' account,
General Services Administration, with the approval of the Director of
the Office of Management and Budget, funds made available for fiscal
year 2001 by this or any other Act, including rebates from charge card
and other contracts. These funds shall be administered by the
Administrator of General Services to support Government-wide financial,
information technology, procurement, and other management innovations,
initiatives, and activities, as approved by the Director of the Office
of Management and Budget, in consultation with the appropriate
interagency groups designated by the Director (including the Chief
Financial Officers Council and the Joint Financial Management
Improvement Program for financial management initiatives, the Chief
Information Officers Council for information technology initiatives,
and the Procurement Executives Council for procurement initiatives).
The total funds transferred shall not exceed $17,000,000. Such
transfers may only be made 15 days following notification of the
Committees on Appropriations by the Director of the Office of
Management and Budget.
Sec. 633. (a) In General.--In accordance with regulations
promulgated by the Office of Personnel Management, an Executive agency
which provides or proposes to provide child care services for Federal
employees may use appropriated funds (otherwise available to such
agency for salaries and expenses) to provide child care, in a Federal
or leased facility, or through contract, for civilian employees of such
agency.
(b) Affordability.--Amounts so provided with respect to any such
facility or contractor shall be applied to improve the affordability of
child care for lower income Federal employees using or seeking to use
the child care services offered by such facility or contractor.
(c) 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.
(d) Notification.--None of the funds made available in this or any
other Act may be used to implement the provisions of this section
absent advance notification to the Committees on Appropriations.
Sec. 634. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 635. Nothwithstanding section 1346 of title 31, United States
Code, or section 610 of this Act, funds made available for fiscal year
2001 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 purposes of the National Science and Technology
Council (authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities: Provided, That the
Office of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science; and the Senate Committee on Commerce, Science,
and Transportation 90 days after enactment of this Act.
Sec. 636. Retirement Provisions Relating to Certain Members of the
Police Force of the Metropolitan Washington Airports Authority.--(a)
Qualified MWAA Police Officer Defined.--For purposes of this section,
the term ``qualified MWAA police officer'' means any individual who, as
of the date of the enactment of this Act--
(1) is employed as a member of the police force of the
Metropolitan Washington Airports Authority (hereafter in this
section referred to as an ``MWAA police officer''); and
(2) is subject to the Civil Service Retirement System or
the Federal Employees' Retirement System by virtue of section
49107(b) of title 49, United States Code.
(b) Eligibility To Be Treated as a Law Enforcement Officer for
Retirement Purposes.--
(1) In general.--Any qualified MWAA police officer may, by
written election submitted in accordance with applicable
requirements under subsection (c), elect to be treated as a law
enforcement officer (within the meaning of section 8331 or 8401
of title 5, United States Code, as applicable), and to have all
prior service described in paragraph (2) similarly treated.
(2) Prior service described.--The service described in this
paragraph is all service which an individual performed, prior
to the effective date of such individual's election under this
section, as--
(A) an MWAA police officer; or
(B) a member of the police force of the Federal
Aviation Administration (hereafter in this section
referred to as an ``FAA police officer'').
(c) Regulations.--The Office of Personnel Management shall
prescribe any regulations necessary to carry out this section,
including provisions relating to the time, form, and manner in which
any election under this section shall be made. Such an election shall
not be effective unless--
(1) it is made before the employee separates from service
with the Metropolitan Washington Airports Authority, but in no
event later than 1 year after the regulations under this
subsection take effect; and
(2) it is accompanied by payment of an amount equal to,
with respect to all prior service of such employee which is
described in subsection (b)(2)--
(A) the employee deductions that would have been
required for such service under chapter 83 or 84 of
title 5, U.S.C. (as the case may be) if such election
had then been in effect, minus
(B) the total employee deductions and contributions
under such chapter 83 and 84 (as applicable) that were
actually made for such service,
taking into account only amounts required to be credited to the
Civil Service Retirement and Disability Fund. Any amount under
paragraph (2) shall be computed with interest, in accordance
with section 8334(e) of such title 5.
(d) Government Contributions.--Whenever a payment under subsection
(c)(2) is made by an individual with respect to such individual's prior
service (as described in subsection (b)(2)), the Metropolitan
Washington Airports Authority shall pay into the Civil Service
Retirement and Disability Fund any additional contributions for which
it would have been liable, with respect to such service, if such
individual's election under this section had then been in effect (and,
to the extent of any prior FAA police officer service, as if it had
then been the employing agency). Any amount under this subsection shall
be computed with interest, in accordance with section 8334(e) of title
5, United States Code.
(e) Certifications.--The Office of Personnel Management shall
accept, for the purpose of this section, the certification of--
(1) the Metropolitan Washington Airports Authority (or its
designee) concerning any service performed by an individual as
an MWAA police officer; and
(2) the Federal Aviation Administration (or its designee)
concerning any service performed by an individual as an FAA
police officer.
(f) Reimbursement To Compensate for Unfunded Liability.--
(1) In general.--The Metropolitan Washington Airports
Authority shall pay into the Civil Service Retirement and
Disability Fund an amount (as determined by the Director of the
Office of Personnel Management) equal to the amount necessary
to reimburse the Fund for any estimated increase in the
unfunded liability of the Fund (to the extent the Civil Service
Retirement System is involved), and for any estimated increase
in the supplemental liability of the Fund (to the extent the
Federal Employees' Retirement System is involved), resulting
from the enactment of this section.
(2) Payment method.--The Metropolitan Washington Airports
Authority shall pay the amount so determined in five equal
annual installments, with interest (which shall be computed at
the rate used in the most recent valuation of the Federal
Employees' Retirement System).
Sec. 637. (a) For purposes of this section--
(1) the term ``comparability payment'' refers to a
locality-based comparability payment under section 5304 of
title 5, United States Code;
(2) the term ``President's pay agent'' refers to the pay
agent described in section 5302(4) of such title; and
(3) the term ``pay locality'' has the meaning given such
term by section 5302(5) of such title.
(b) Notwithstanding any provision of section 5304 of title 5,
United States Code, for purposes of determining appropriate pay
localities and making comparability payment recommendations, the
President's pay agent may, in accordance with succeeding provisions of
this section, make comparisons of General Schedule pay and non-Federal
pay within any of the metropolitan statistical areas described in
subsection (d)(3), using--
(1) data from surveys of the Bureau of Labor Statistics;
(2) salary data sets obtained under subsection (c); or
(3) any combination thereof.
(c) To the extent necessary in order to carry out this section, the
President's pay agent may obtain any salary data sets (referred to in
subsection (b)) from any organization or entity that regularly compiles
similar data for businesses in the private sector.
(d)(1)(A) This paragraph applies with respect to the five
metropolitan statistical areas described in paragraph (3) which--
(i) have the highest levels of nonfarm employment (as
determined based on data made available by the Bureau of Labor
Statistics); and
(ii) as of the date of the enactment of this Act, have not
previously been surveyed by the Bureau of Labor Statistics (as
discrete pay localities) for purposes of section 5304 of title
5, United States Code.
(B) The President's pay agent, based on such comparisons under
subsection (b) as the pay agent considers appropriate, shall: (i)
determine whether any of the five areas under subparagraph (A) warrants
designation as a discrete pay locality; and (ii) if so, make
recommendations as to what level of comparability payments would be
appropriate during 2002 for each area so determined.
(C)(i) Any recommendations under subparagraph (B)(ii) shall be
included--
(I) in the pay agent's report under section 5304(d)(1) of
title 5, United States Code, submitted for purposes of
comparability payments scheduled to become payable in 2002; or
(II) if compliance with subclause (I) is impracticable, in
a supplementary report which the pay agent shall submit to the
President and the Congress no later than March 1, 2001.
(ii) In the event that the recommendations are completed in time to
be included in the report described in clause (i)(I), a copy of those
recommendations shall be transmitted by the pay agent to the Congress
contemporaneous with their submission to the President.
(D) Each of the five areas under subparagraph (A) that so warrants,
as determined by the President's pay agent, shall be designated as a
discrete pay locality under section 5304 of title 5, United States
Code, in time for it to be treated as such for purposes of
comparability payments becoming payable in 2002.
(2) The President's pay agent may, at any time after the 180th day
following the submission of the report under subsection (f), make any
initial or further determinations or recommendations under this
section, based on any pay comparisons under subsection (b), with
respect to any area described in paragraph (3).
(3) An area described in this paragraph is any metropolitan
statistical area within the continental United States that (as
determined based on data made available by the Bureau of Labor
Statistics and the Office of Personnel Management, respectively) has a
high level of nonfarm employment and at least 2,500 General Schedule
employees whose post of duty is within such area.
(e)(1) The authority under this section to make pay comparisons and
to make any determinations or recommendations based on such comparisons
shall be available to the President's pay agent only for purposes of
comparability payments becoming payable on or after January 1, 2002,
and before January 1, 2007, and only with respect to areas described in
subsection (d)(3).
(2) Any comparisons and recommendations so made shall, if included
in the pay agent's report under section 5304(d)(1) of title 5, United
States Code, for any year (or the pay agent's supplementary report, in
accordance with subsection (d)(1)(C)(i)(II)), be considered and acted
on as the pay agent's comparisons and recommendations under such
section 5304(d)(1) for the area and the year involved.
(f)(1) No later than March 1, 2001, the President's pay agent shall
submit to the Committee on Government Reform of the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committees on Appropriations of the House of Representatives
and of the Senate, a report on the use of pay comparison data, as
described in subsection (b)(2) or (3) (as appropriate), for purposes of
comparability payments.
(2) The report shall include the cost of obtaining such data, the
rationale underlying the decisions reached based on such data, and the
relative advantages and disadvantages of using such data (including
whether the effort involved in analyzing and integrating such data is
commensurate with the benefits derived from their use). The report may
include specific recommendations regarding the continued use of such
data.
(g)(1) No later than May 1, 2001, the President's pay agent shall
prepare and submit to the committees specified in subsection (f)(1) a
report relating to the ongoing efforts of the Office of Personnel
Management, the Office of Management and Budget, and the Bureau of
Labor Statistics to revise the methodology currently being used by the
Bureau of Labor Statistics in performing its surveys under section 5304
of title 5, United States Code.
(2) The report shall include a detailed accounting of any concerns
the pay agent may have regarding the current methodology, the specific
projects the pay agent has directed any of those agencies to undertake
in order to address those concerns, and a time line for the anticipated
completion of those projects and for implementation of the revised
methodology.
(3) The report shall also include recommendations as to how those
ongoing efforts might be expedited, including any additional resources
which, in the opinion of the pay agent, are needed in order to expedite
completion of the activities described in the preceding provisions of
this subsection, and the reasons why those additional resources are
needed.
Sec. 638. Federal Funds Identified. Any request for proposals,
solicitation, grant application, form, notification, press release, or
other publications involving the distribution of Federal funds shall
indicate the agency providing the funds and the amount provided. This
provision shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
SEC. 639. MANDATORY REMOVAL FROM EMPLOYMENT OF FEDERAL LAW ENFORCEMENT
OFFICERS CONVICTED OF FELONIES.
(a) In General.--Chapter 73 of title 5, United States Code, is
amended by adding after subchapter VI the following:
``SUBCHAPTER VII--MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW
ENFORCEMENT OFFICERS
``Sec. 7371. Mandatory removal from employment of law enforcement
officers convicted of felonies
``(a) In this section, the term--
``(1) `conviction notice date' means the date on which an
agency that employs a law enforcement officer has notice that
the officer has been convicted of a felony that is entered by a
Federal or State court, regardless of whether that conviction
is appealed or is subject to appeal; and
``(2) `law enforcement officer' has the meaning given that
term under section 8331(20) or 8401(17).
``(b) Any law enforcement officer who is convicted of a felony
shall be removed from employment as a law enforcement officer on the
last day of the first applicable pay period following the conviction
notice date.
``(c)(1) This section does not prohibit the removal of an
individual from employment as a law enforcement officer before a
conviction notice date if the removal is properly effected other than
under this section.
``(2) This section does not prohibit the employment of any
individual in any position other than that of a law enforcement
officer.
``(d) If the conviction is overturned on appeal, the removal shall
be set aside retroactively to the date on which the removal occurred,
with back pay under section 5596 for the period during which the
removal was in effect, unless the removal was properly effected other
than under this section.
``(e)(1) If removal is required under this section, the agency
shall deliver written notice to the employee as soon as practicable,
and not later than 5 calendar days after the conviction notice date.
The notice shall include a description of the specific reasons for the
removal, the date of removal, and the procedures made applicable under
paragraph (2).
``(2) The procedures under section 7513(b)(2), (3), and (4), (c),
(d), and (e) shall apply to any removal under this section. The
employee may use the procedures to contest or appeal a removal, but
only with respect to whether--
``(A) the employee is a law enforcement officer;
``(B) the employee was convicted of a felony; or
``(C) the conviction was overturned on appeal.
``(3) A removal required under this section shall occur on the date
specified in subsection (b) regardless of whether the notice required
under paragraph (1) of this subsection and the procedures made
applicable under paragraph (2) of this subsection have been provided or
completed by that date.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 73 of title 5, United States Code, is amended by adding after
the item relating to section 7363 the following:
``SUBCHAPTER VII--MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW
ENFORCEMENT OFFICERS
``7371. Mandatory removal from employment of law enforcement officers
convicted of felonies.''.
(c) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of enactment of this Act and shall apply
to any conviction of a felony entered by a Federal or State court on or
after that date.
Sec. 640. Section 504 of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (as enacted into law by
Public Law 106-346) is repealed.
Sec. 641. (a) Section 5545b(d) of title 5, United States Code, is
amended by inserting at the end the following new paragraph:
``(4) Notwithstanding section 8114(e)(1), overtime pay for
a firefighter subject to this section for hours in a regular
tour of duty shall be included in any computation of pay under
section 8114.''.
(b) The amendment in subsection (a) shall be effective as if it had
been enacted as part of the Federal Firefighters Overtime Pay Reform
Act of 1998 (112 Stat. 2681-519).
Sec. 642. Section 6323(a) of title 5, United States Code, is
amended by adding at the end the following:
``(3) The minimum charge for leave under this subsection is
one hour, and additional charges are in multiples thereof.''.
Sec. 643. Section 616 of the Treasury, Postal Service and General
Government Appropriations Act, 1988, as contained in the Act of
December 22, 1987 (40 U.S.C. 490b), is amended by adding at the end the
following:
``(e)(1) All existing and newly hired workers in any child care
center located in an executive facility shall undergo a criminal
history background check as defined in section 231 of the Crime Control
Act of 1990 (42 U.S.C. 13041).
``(2) For purposes of this subsection, the term `executive
facility' means a facility that is owned or leased by an office or
entity within the executive branch of the Government (including one
that is owned or leased by the General Services Administration on
behalf of an office or entity within the judicial branch of the
Government).
``(3) Nothing in this subsection shall be considered to apply with
respect to a facility owned by or leased on behalf of an office or
entity within the legislative branch of the Government.''.
Sec. 644. Section 501 of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (as enacted into law by
Public Law 106-346) is amended by striking subsection (c) and by
redesignating subsection (d) as subsection (c).
Sec. 645. (a)(1) Title 5, United States Code, is amended by
inserting after section 5372a the following:
``Sec. 5372b. Administrative appeals judges
``(a) For the purpose of this section--
``(1) the term `administrative appeals judge position'
means a position the duties of which primarily involve
reviewing decisions of administrative law judges appointed
under section 3105; and
``(2) the term `agency' means an Executive agency, as
defined by section 105, but does not include the General
Accounting Office.
``(b) Subject to such regulations as the Office of Personnel
Management may prescribe, the head of the agency concerned shall fix
the rate of basic pay for each administrative appeals judge position
within such agency which is not classified above GS-15 pursuant to
section 5108.
``(c) A rate of basic pay fixed under this section shall be--
``(1) not less than the minimum rate of basic pay for level
AL-3 under section 5372; and
``(2) not greater than the maximum rate of basic pay for
level AL-3 under section 5372.''.
(2) Section 7323(b)(2)(B)(ii) of title 5, United States Code, is
amended by striking ``or 5372a'' and inserting ``5372a, or 5372b''.
(3) The table of sections for chapter 53 of title 5, United States
Code, is amended by inserting after the item relating to section 5372a
the following:
``5372b. Administrative appeals judges.''.
(b) The amendment made by subsection (a)(1) shall apply with
respect to pay for service performed on or after the first day of the
first applicable pay period beginning on or after--
(1) the 120th day after the date of the enactment of this
Act; or
(2) if earlier, the effective date of regulations
prescribed by the Office of Personnel Management to carry out
such amendment.
Sec. 646. Not later than 60 days after the date of enactment of
this Act, the Inspector General of each department or agency shall
submit to Congress a report that discloses any activity of the
applicable department or agency relating to--
(1) the collection or review of singular data, or the
creation of aggregate lists that include personally
identifiable information, about individuals who access any
Internet site of the department or agency; and
(2) entering into agreements with third parties, including
other government agencies, to collect, review, or obtain
aggregate lists or singular data containing personally
identifiable information relating to any individual's access or
viewing habits for governmental and nongovernmental Internet
sites.
This Act may be cited as the ``Treasury and General Government
Appropriations Act, 2001''.
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