[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2590 Engrossed in House (EH)]
107th CONGRESS
1st Session
H. R. 2590
_______________________________________________________________________
AN ACT
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, 2002,
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, 2002, 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 $3,500,000 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,
$174,219,000: Provided, 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,
$68,828,000, 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, $35,508,000.
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, $123,474,000.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury
Building and Annex, $30,932,000, 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, $10,000,000, such
funds to become available upon authorization of this program as
provided by law and 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, $45,837,000, of which not to
exceed $3,400,000 shall remain available until September 30, 2004; and
of which $7,790,000 shall remain available until September 30, 2003:
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,
$36,879,000, to remain available until expended, to reimburse any
Department of the Treasury organization for the costs of providing
support to counter, investigate, or prosecute unexpected threats or
acts of terrorism, including payment of rewards in connection with
these activities: Provided, That use of such funds shall be subject to
prior notification of the Committees on Appropriations in accordance
with guidelines for reprogramming and transfer of funds.
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,
$102,132,000, of which $650,000 shall be available for an interagency
effort to establish written standards on accreditation of Federal law
enforcement training; and of which up to $17,166,000 for materials and
support costs of Federal law enforcement basic training shall remain
available until September 30, 2004: 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,
$27,534,000, 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, $107,576,000, of which
$7,827,000 shall remain available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$213,211,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2004, 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, $816,816,000, 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 not more than $10,000,000 shall remain
available until September 30, 2003, for Gang Resistance Education and
Training grants; 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 2002: 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 motor vehicles; 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, $2,056,604,000, 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; not to exceed $30,000,000 shall be available until
expended for the procurement and deployment of non-intrusive inspection
technology; 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, $2,993,000, 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, $181,860,000, 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 2002 without the prior approval of the
Committees on Appropriations.
automation modernization
For expenses not otherwise provided for Customs automated systems,
$427,832,000, to remain available until expended, of which $5,400,000
shall be for the International Trade Data System, and not less than
$300,000,000 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 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 such expenditure plan has been
approved by the Committees on Appropriations.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments. The aggregate amount
of new liabilities and obligations incurred during fiscal year 2002
under such section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$43,000,000. From amounts in the United States Mint Public Enterprise
Fund, the Secretary of the Treasury shall pay to the Comptroller
General an amount not to exceed $250,000 to reimburse the Comptroller
General for the cost of a study to be conducted by the Comptroller
General on any changes necessary to maximize public interest and
acceptance and to achieve a better balance in the numbers of coins of
different denominations in circulation, with particular attention to
increasing the number of $1 coins in circulation.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $192,327,000, of which not to exceed $15,000 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 2002 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 2002 appropriation from the General Fund estimated at
$187,927,000. In addition, $40,000, 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.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services,
shared services support, general management and administration; and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $3,808,434,000 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; conducting criminal investigation and enforcement activities;
securing unfiled tax returns; collecting unpaid accounts; conducting a
document matching program; resolving taxpayer problems through prompt
identification, referral and settlement; 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, $3,538,347,000, of which not to
exceed $1,000,000 shall remain available until September 30, 2004, 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), $146,000,000, 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, $1,573,065,000 which shall remain available until
September 30, 2003.
business systems modernization
For necessary expenses of the Internal Revenue Service,
$391,593,000, to remain available until September 30, 2004, for the
capital asset acquisition of information technology systems, including
management and related contractual costs of said acquisitions,
including contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That none of these funds may be obligated until
the Internal Revenue Service submits to the Committees on
Appropriations, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11 part 3; (2) complies with the Internal Revenue
Service's enterprise architecture, including the modernization
blueprint; (3) conforms with the Internal Revenue Service's enterprise
life cycle methodology; (4) is approved by the Internal Revenue
Service, the Department of the Treasury, and the Office of Management
and Budget; (5) has been reviewed by the General Accounting Office; and
(6) complies with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Government.
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 745 vehicles for police-type use,
of which 541 are 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, $920,112,000, of which $2,139,000 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, 2003.
acquisition, construction, improvements, and related expenses
For necessary expenses of construction, repair, alteration, and
improvement of facilities, $3,457,000, 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, 2002, 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 2002 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, Interagency Crime and Drug
Enforcement, 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. 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. 119. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence and intelligence-
related activities of the Department of the Treasury are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2002 until enactment of the Intelligence Authorization Act for fiscal
year 2002.
Sec. 120. Section 122 of Public Law 105-119 (5 U.S.C. 3104 note),
as amended by Public Law 105-277, is further amended in subsection
(g)(1), by striking ``3 years'' and inserting ``4 years''; and by
striking ``, the United States Customs Service, and the United States
Secret Service''.
Sec. 121. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate a museum at its National Headquarters in
Washington, D.C., without the explicit approval of the House Committee
on Financial Services and the Senate Committee on Banking, Housing, and
Urban Affairs.
This title may be cited as the ``Treasury Department Appropriations
Act, 2002''.
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, $76,619,000, of which $47,619,000
shall not be available for obligation until October 1, 2002: 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 2002.
This title may be cited as the ``Postal Service Appropriations Act,
2002''.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Executive Office of the President
For necessary expenses of the Executive Office of the President,
including compensation of the President, $139,255,000; of which
$450,000 shall be available for compensation of the President,
including an expense allowance at the rate of $50,000 per year, as
authorized by 3 U.S.C. 102; of which $54,651,000 shall be available for
necessary expenses of the White House Office as authorized by law,
including not to exceed $100,000 for travel expenses, to be expended
and accounted for as provided by 3 U.S.C. 103.
Executive Residence at the White House
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.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisors in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021), $4,211,000.
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, $70,752,000, 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, and of which not to exceed $3,000 shall be
available for official representation expenses: 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: Provided further, That none of
the funds appropriated in this Act may be available to pay the salary
or expenses of any employee of the Office of Management and Budget who
calculates, prepares, or approves any tabular or other material that
proposes the sub-allocation of budget authority or outlays by the
Committees on Appropriations among their subcommittees: Provided
further, That of the amounts appropriated, not to exceed $6,331,000
shall be available to the Office of Information and Regulatory Affairs,
of which $1,582,750 shall not be obligated until the Office of
Management and Budget submits a report to the House Committee on
Appropriations that provides an assessment of the total costs of
implementing Executive Order No. 13166: Provided further, That the
Housing, Treasury and Finance Division shall, in consultation with the
Small Business Administration, develop subsidy cost estimates for the
7(a) General Business Loan Program and the 504 Certified Development
Company loan program which track the actual default experience in those
programs since the implementation of the Credit Reform Act of 1992:
Provided further, That these subsidy estimates shall be included in the
President's fiscal year 2003 budget submission and the Office of
Management and Budget shall report on the progress of the development
of these estimates to the House Committee on Appropriations and the
House Committee on Small Business prior to the submission of the
President's fiscal year 2003 budget.
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 (21 U.S.C. 1701 et seq.);
not to exceed $12,000 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,
$25,267,000; of which $2,350,000 shall remain available until expended,
consisting of $1,350,000 for policy research and evaluation, and
$1,000,000 for the National Alliance for Model State Drug Laws:
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 (21 U.S.C. 1701 et seq.),
$40,000,000, which shall remain available until expended, consisting of
$17,764,000 for counternarcotics research and development projects, and
$22,236,000 for the continued operation of the technology transfer
program: Provided, That the $17,764,000 for counternarcotics 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, $233,882,000
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, 2003, may be
transferred to Federal agencies and departments at a rate to be
determined by the Director: Provided further, That, of this latter
amount, not less than $2,100,000 shall be used for auditing services
and activities: Provided further, That High Intensity Drug Trafficking
Areas Programs designated as of September 30, 2001, shall be funded at
fiscal year 2001 levels unless the Director submits to the Committees
on Appropriations, and the Committees approve, justification for
changes in those levels based on clearly articulated priorities for the
High Intensity Drug Trafficking Areas Programs, as well as published
Office of National Drug Control Policy 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 21 U.S.C. 1701 et seq., $238,600,000,
to remain available until expended, of which $180,000,000 shall be to
support a national media campaign, as authorized in the Drug-Free Media
Campaign Act of 1998, of which $4,000,000 shall be made available by
grant or other appropriate transfer to the United States Anti-Doping
Agency for their anti-doping efforts; of which $50,600,000 shall be to
continue a program of matching grants to drug-free communities, as
authorized in the Drug-Free Communities Act of 1997; of which
$1,000,000 shall be available to the National Drug Court Institute; and
of which $3,000,000 shall be for the Counterdrug Intelligence Executive
Secretariat: Provided, That such funds may be transferred to other
Federal departments and agencies to carry out such activities.
This title may be cited as the ``Executive Office Appropriations
Act, 2002''.
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 Public Law 92-28,
$4,629,000.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended, $43,689,000, of which no
less than $5,128,000 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, $26,524,000: 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)
To carry out the purpose of the Fund established pursuant to
section 210(f) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 490(f)), 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
$6,086,138,000 of which: (1) $348,816,000 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:
New Construction:
Alabama:
Mobile, United States Courthouse, $11,290,000.
Arkansas:
Little Rock, United States Courthouse Annex,
$5,022,000.
California:
Fresno, United States Courthouse, $121,225,000.
District of Columbia:
Washington, United States Courthouse Annex,
$6,595,000.
Washington, Southeast Federal Center Site
Remediation, $5,000,000.
Florida:
Miami, United States Courthouse, $15,000,000.
Orlando, United States Courthouse, $4,000,000.
Illinois:
Rockford, United States Courthouse, $4,933,000.
Maine:
Jackman, Border Station, $868,000.
Maryland:
Montgomery County, FDA Consolidation, $19,060,000.
Prince Georges County, National Center for
Environmental Prediction, $3,000,000.
Suitland, United States Census Bureau, $2,813,000.
Suitland, National Oceanic and Atmospheric
Administration II, $34,083,000.
Massachusetts:
Springfield, United States Courthouse, $6,473,000.
Michigan:
Detroit, Ambassador Bridge Border Station,
$9,470,000.
Montana:
Raymond, Border Station, $693,000.
New Mexico:
Las Cruces, United States Courthouse, $4,110,000.
New York:
Brooklyn, United States Courthouse Annex--GPO,
$3,361,000.
Buffalo, United States Courthouse Annex, $716,000.
Champlain, Border Station, $500,000.
New York, United States Mission to the United
Nations, $4,617,000.
Oklahoma: Norman, NOAA Norman Consolidation
Project, $10,000,000.
Oregon:
Eugene, United States Courthouse, $4,470,000.
Pennsylvania:
Erie, United States Courthouse Annex, $30,739,000.
Texas:
Del Rio III, Border Station, $1,869,000.
Eagle Pass, Border Station, $2,256,000.
El Paso, United States Courthouse, $11,193,000.
Fort Hancock, Border Station, $2,183,000.
Houston, Federal Bureau of Investigation,
$6,268,000.
Virginia:
Norfolk, United States Courthouse Annex,
$11,609,000.
Nationwide:
Non-prospectus Construction: $5,400,000:
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, 2003,
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) $826,676,000 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:
California:
Laguna Niguel, Chet Holifield Federal Building,
$11,711,000.
San Diego, Edward J. Schwartz Federal Building,
United States Courthouse, $13,070,000.
Colorado:
Lakewood, Denver Federal Center, Building 67,
$8,484,000.
District of Columbia:
Washington, 320 First Street Federal Building,
$8,260,000.
Washington, Internal Revenue Service Main Building,
Phase 2, $20,391,000.
Washington, Main Interior Building, $22,739,000.
Washington, Main Justice Building, Phase 3,
$45,974,000.
Florida:
Jacksonville, Charles E. Bennett Federal Building,
$23,552,000.
Tallahassee, United States Courthouse, $4,894,000.
Illinois:
Chicago, Federal Building, 536 South Clark Street,
$60,073,000.
Chicago, Harold Washington Social Security Center,
$13,692,000.
Chicago, John C. Kluczynski Federal Building,
$12,725,000.
Iowa:
Des Moines, 210 Walnut Street Federal Building,
$11,992,000.
Missouri:
St. Louis, Federal Building 104/105 Goodfellow,
$20,212,000.
New Jersey:
Newark, Peter W. Rodino Federal Building,
$5,295,000.
Nevada:
Las Vegas, Foley Federal Building--United States
Courthouse, $26,978,000.
Ohio:
Cleveland, Anthony J. Celebrezze Federal Building,
$22,986,000.
Cleveland, Howard M. Metzenbaum United States
Courthouse, $27,856,000.
Oklahoma:
Muskogee, Federal Building--United States
Courthouse, $8,214,000.
Oregon:
Portland, Pioneer Courthouse, $16,629,000.
Rhode Island:
Providence, United States Federal Building and
Courthouse, $5,039,000.
Wisconsin:
Milwaukee, Federal Building--United States
Courthouse, $10,015,000.
Nationwide:
Design Program, $33,657,000.
Heating, Ventilation and Air Conditioning
Modernization--Various Buildings, $6,650,000.
Transformers--Various Buildings, $15,588,000.
Basic Repairs and Alterations, $370,000,000:
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, 2003, 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) $186,427,000 for installment acquisition payments
including payments on purchase contracts which shall remain available
until expended; (4) $2,959,550,000 for rental of space which shall
remain available until expended; and (5) $1,764,669,000 for building
operations which shall remain available until expended: 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 2002, 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 $6,086,138,000 shall
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
General Activities
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 $7,500 for
official reception and representation expenses, $137,947,000, of which
$25,887,000 shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $36,478,000: 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.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation
of innovative uses of the Internet and other electronic methods,
$5,000,000 to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purposes
of the Fund: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act: Provided
further, That such transfers may not be made until 10 days after a
proposed spending plan and justification for each project to be
undertaken has been submitted to the House Committee on Appropriations.
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, $3,196,000:
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.
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 2002 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 2003 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 2003 request shall 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
section 110 of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 757) and sections 5124(b) and 5128 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1424(b) and 1428), for performance of pilot
information technology projects which have potential for Government-
wide 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. The amount expended by the General Services
Administration during fiscal year 2002 for the purchase of alternative
fuel vehicles shall be at least $5,000,000 more than the amount
expended during fiscal year 2001 for such purpose.
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, $30,555,000 together with not to exceed
$2,520,000 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.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
morris k. udall scholarship and excellence in national environmental
policy trust fund
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Trust Fund, pursuant to the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.),
$2,500,000, to remain available until expended: Provided, That up to 60
percent of such funds may be transferred by the Morris K. Udall
Scholarship and Excellence in National Environmental Policy Foundation
for the necessary expenses of the Native Nations Institute: Provided
further, That not later than 90 days after the date of the enactment of
this Act, the Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation shall submit to the House Committee on
Appropriations a report describing the distribution of such funds.
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, $1,309,000, 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, $244,247,000:
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: Provided further, That of the funds made
available, $22,302,000 is for the electronic records archive,
$16,337,000 of which shall be available until September 30, 2004.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $10,643,000, to remain
available until expended.
National Historical Publications and Records Commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$10,000,000, 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,
$10,117,000.
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, $99,636,000,
of which $3,200,000 shall remain available until expended for the cost
of the governmentwide human resources data network project; and in
addition $115,928,000 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
$21,777,000 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), 8909(g),
and 9004(f)(1)(A) and (2)(A) 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 2002, 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, $1,498,000; and in addition, not to exceed $10,016,000
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; $11,891,000.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $37,809,000: 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, 2002''.
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 2002 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 2002 from appropriations made available for salaries
and expenses for fiscal year 2002 in this Act, shall remain available
through September 30, 2003, 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. 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. 515. None of the funds made available in this Act may be used
to pay the salary of any officer or employee of the Office of
Management and Budget who makes apportionments under subchapter II of
chapter 15 of title 31, United States Code, that prevent the
expenditure or obligation by December 31, 2001, of at least 75 percent
of the appropriations made for fiscal year 2002 to carry out the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1691 et seq.), the Food for Progress Act of 1985 (7 U.S.C. 1736o), and
section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)).
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 2002 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 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. 610. 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. 611. 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. 612. (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 2002, 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, 2001, until the normal effective
date of the applicable wage survey adjustment that is to take
effect in fiscal year 2002, 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 2002, 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 2002 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 2002 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 2001 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, 2001, 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, 2001, 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, 2001.
(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. 613. 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. 614. 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. 615. Notwithstanding section 1346 of title 31, United States
Code, or section 609 of this Act, funds made available for fiscal year
2002 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. 616. (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. 617. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2002 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. 618. 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. 619. 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 or
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. 620. (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. 621. 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, United States Code (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. 622. 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. 623. 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. 624. 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. 625. 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. 626. (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. 627. Notwithstanding 31 U.S.C. 1346 and section 609 of this
Act, funds made available for fiscal year 2002 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. 628. Notwithstanding 31 U.S.C. 1346 and section 609 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 2002 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. 629. (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) Advances.--Notwithstanding 31 U.S.C. 3324, amounts paid to
licensed or regulated child care providers may be in advance of
services rendered, covering agreed upon periods, as appropriate.
(d) Definition.--For purposes of this section, the term ``Executive
agency'' has the meaning given such term by section 105 of title 5,
United States Code, but does not include the General Accounting Office.
(e) 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. 630. 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. 631. Nothwithstanding section 1346 of title 31, United States
Code, or section 609 of this Act, funds made available for fiscal year
2002 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. 632. 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. 633. Subsection (f) of section 403 of Public Law 103-356 (31
U.S.C. 501 note) is amended by striking ``October 1, 2001'' and
inserting ``October 1, 2002''.
Sec. 634. Section 3 of Public Law 93-346 as amended (3 U.S.C. 111
note) is amended by inserting ``, utilities (including electrical)
for,'' after ``military staffing''.
Sec. 635. Section 6 of Public Law 93-346 as amended (3 U.S.C. 111
note) is amended by inserting ``, or for use at official functions in
or about,'' after ``about''.
Sec. 636. During fiscal year 2002 and thereafter, the head of an
entity named in 3 U.S.C. 112 may, with respect to civilian personnel of
any branch of the Federal Government performing duties in such entity,
exercise authority comparable to the authority that may by law
(including chapter 57 and sections 8344 and 8468 of title 5, United
States Code) be exercised with respect to the employees of an Executive
agency (as defined in 5 U.S.C. 105) by the head of such Executive
agency, and the authority granted by this section shall be in addition
to any other authority available by law.
Sec. 637. Each Executive agency covered by section 630 of the
Treasury and General Government Appropriations Act, 1999 (as contained
in section 101(h) of division A of Public Law 105-277) shall submit a
report 60 days after the close of fiscal year 2001 to the Office of
Personnel Management regarding its efforts to implement the intent of
such section 630. The Office of Personnel Management shall prepare a
summary of the information received and shall submit the summary report
to the House Committee on Appropriations 90 days after the close of
fiscal year 2001.
Sec. 638. (a) Prohibition of Federal Agency Monitoring of Personal
Information on Use of Internet.--None of the funds made available in
this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregate list,
derived from any means, that includes the collection of any
personally identifiable information relating to an individual's
access to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregate list, derived from any means, that
includes the collection of any personally identifiable
information relating to an individual's access to or use of any
nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to the rendition of the
Internet site services or to the protection of the rights or
property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable standards
as provided in law.
Sec. 639. (a) Section 8335(a) of title 5, United States Code, is
amended by striking the period at the end of the first sentence and
inserting: ``or completes the age and service requirements for an
annuity under section 8336, whichever occurs later.''.
(b) The amendment made by subsection (a) takes effect on the date
of enactment with regard to any individual subject to chapter 83 of
title 5, United States Code, who is employed as an air traffic
controller on that date.
Sec. 640. (a) In General.--Title 5, United States Code, is amended
by inserting after section 4507 the following:
``Sec. 4507a. Awarding of ranks to other senior career employees
``(a) For the purpose of this section, the term `senior career
employee' means an individual appointed to a position classified above
GS-15 and paid under section 5376 who is not serving--
``(1) under a time-limited appointment; or
``(2) in a position that is excepted from the competitive
service because of its confidential or policy-making character.
``(b) Each agency employing senior career employees shall submit
annually to the Office of Personnel Management recommendations of
senior career employees in the agency to be awarded the rank of
Meritorious Senior Professional or Distinguished Senior Professional,
which may be awarded by the President for sustained accomplishment or
sustained extraordinary accomplishment, respectively.
``(c) The recommendations shall be made, reviewed, and awarded
under the same terms and conditions (to the extent determined by the
Office of Personnel Management) that apply to rank awards for members
of the Senior Executive Service under section 4507.''.
(b) Regulations.--Section 4506 of title 5, United States Code, is
amended by striking ``the agency awards program'' and inserting ``the
awards programs''.
(c) Clerical Amendment.--The table of sections for chapter 45 of
title 5, United States Code, is amended by inserting after the item
relating to section 4507 the following:
``4507a. Awarding of ranks to other senior career employees.''.
Sec. 641. Section 640(c) of the Treasury and General Government
Appropriations Act, 2000 (Public Law 106-58; 2 U.S.C. 437g note) is
amended by striking ``violations occurring between January 1, 2000 and
December 31, 2001'' and inserting ``violations that relate to reporting
periods that begin on or after January 1, 2000, and that end on or
before December 31, 2003''.
Sec. 642. (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; and
(B) 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. 643. (a) The adjustment in rates of basic pay for the
statutory pay systems that takes effect in fiscal year 2002 under
sections 5303 and 5304 of title 5, United States Code, shall be an
increase of 4.6 percent.
(b) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department or agency
for salaries and expenses for fiscal year 2002.
Sec. 644. The amounts otherwise provided by this Act are revised by
reducing the amount made available for ``Federal Buildings Fund'' (and
the amount specified in clause (5) under such heading for building
operations), and increasing the amount made available for ``National
Archives and Records Administration--Repairs and Restoration'', by
$14,000,000.
Sec. 645. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 646. No part of any appropriation for the current fiscal year
contained in this 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. 647. None of the funds made available in this Act for the
United States Customs Service may be used to allow the release into the
United States of any good, ware, article, or merchandise on which the
United States Customs Service has in effect a detention order, pursuant
to section 307 of the Tariff Act of 1930, on the basis that the good,
ware, article, or merchandise may have been mined, produced, or
manufactured by forced or indentured child labor.
Sec. 648. (a) None of the funds made available in this Act may be
used to administer or enforce part 515 of title 31, Code of Federal
Regulations (the Cuban Assets Control Regulations) with respect to any
travel or travel-related transaction.
(b) The limitation established in subsection (a) shall not apply to
transactions in relation to any business travel covered by section
515.560(g) of such part 515.
This Act may be cited as the ``Treasury and General Government
Appropriations Act, 2002''.
Passed the House of Representatives July 25, 2001.
Attest:
Clerk.
107th CONGRESS
1st Session
H. R. 2590
_______________________________________________________________________
AN ACT
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, 2002,
and for other purposes.