[Appendix]
[Detailed Budget Estimates by Agency]
[ Government-Wide General Provisions]
[From the U.S. Government Printing Office, www.gpo.gov]
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 601. Funds appropriated in this or any other Act may be used to
pay travel to the United States for the immediate family of employees
serving abroad in cases of death or life threatening illness of said
employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year [2001] 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 for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.]
Sec. [610] 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. [611] 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. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the applicable
law of the United States.]
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Sec. [613] 611. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year [2001] 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, [2000] 2001, until the normal
effective date of the applicable wage survey adjustment that is to
take effect in fiscal year [2001] 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
[2001] 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
[2001] 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 [2001] 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
[2000] 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, [2000] 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, [2000] 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, [2000] 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. [614] 612. 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] transmitted to the Committees on
Appropriations. For the purposes of this section, the word ``office''
shall include the entire suite of offices assigned to the individual, as
well as any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. [615] 613. 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] advance
notification to the Committees on Appropriations, except that the
Federal Law Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or other
agreement for training which cannot be accommodated in existing Center
facilities.
Sec. [616] 614. Notwithstanding section 1346 of title 31, United
States Code, or section [610] 609 of this Act, funds made available for
fiscal year [2001] 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. [617] 615. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal department,
agency, or other instrumentality for the salaries or expenses of any
employee appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department of
State;
(6) any agency, office, or unit of the Army, Navy, Air Force,
and Marine Corps, the Federal Bureau of Investigation and the Drug
Enforcement Administration of the Department of Justice, the
Department of Transportation, the Department of the Treasury, and
the Department of Energy performing intelligence functions; and
(7) the Director of Central Intelligence.
Sec. [618] 616. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other Act
for fiscal year [2001] 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. [619] 617. None of the funds made available in this Act for the
United States Customs Service may be used to allow the importation into
the United States of any good, ware, article, or merchandise mined,
produced, or manufactured by forced or indentured child labor, as
determined pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C.
1307).
Sec. [620] 618. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact with
any Member, committee, or subcommittee of the Congress in connection
with any matter pertaining to the employment of such other officer
or employee or pertaining to the department or agency of such other
officer or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of such Member,
committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces in
rank, seniority, status, pay, or performance of efficiency rating,
denies promotion to, relocates, reassigns, transfers, disciplines,
or discriminates in regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any other
officer or employee of the Federal Government, or attempts or
threatens to commit any of the foregoing actions with respect to
such other officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in paragraph
(1).
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[Sec. 621. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious or
quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-915.022,
dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.]
[Sec. 622. No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, U.S.C. (governing disclosures to
Congress); section 1034 of title 10, United States Code, as amended by
the Military Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of title 5,
United States Code, as amended by the Whistleblower Protection Act
(governing disclosures of illegality, waste, fraud, abuse or public
health or safety threats); the Intelligence Identities Protection Act of
1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which protect against
disclosure that may compromise the national security, including sections
641, 793, 794, 798, and 952 of title 18, United States Code, and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes are
incorporated into this agreement and are controlling.'': Provided, That
notwithstanding the preceding paragraph, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms shall
also make it clear that they do not bar disclosures to Congress or to an
authorized official of an executive agency or the Department of Justice
that are essential to reporting a substantial violation of law.]
Sec. [623] 619. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch, other than
for normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television or
film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
[Sec. 624. (a) In General.--For calendar year 2002 and each year
thereafter, the Director of the Office of Management and Budget shall
prepare and submit to Congress, with the budget submitted under section
1105 of title 31, United States Code, an accounting statement and
associated report containing--
(1) an estimate of the total annual costs and benefits
(including quantifiable and nonquantifiable effects) of Federal
rules and paperwork, to the extent feasible--
(A) in the aggregate;
(B) by agency and agency program; and
(C) by major rule;
(2) an analysis of impacts of Federal regulation on State,
local, and tribal government, small business, wages, and economic
growth; and
(3) recommendations for reform.
(b) Notice.--The Director of the Office of Management and Budget
shall provide public notice and an opportunity to comment on the
statement and report under subsection (a) before the statement and
report are submitted to Congress.
(c) Guidelines.--To implement this section, the Director of the
Office of Management and Budget shall issue guidelines to agencies to
standardize--
(1) measures of costs and benefits; and
(2) the format of accounting statements.
(d) Peer Review.--The Director of the Office of Management and
Budget shall provide for independent and external peer review of the
guidelines and each accounting statement and associated report under
this section. Such peer review shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).]
Sec. [625] 620. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee's home
address to any labor organization except when the employee has
authorized such disclosure or when such disclosure has been ordered by a
court of competent jurisdiction.
[Sec. 626. Hereafter, the Secretary of the Treasury is authorized to
establish scientific certification standards for explosives detection
canines, and shall provide, on a reimbursable basis, for the
certification of explosives detection canines employed by Federal
agencies, or other agencies providing explosives detection services at
airports in the United States.]
[Sec. 627. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations.]
Sec. [628] 621. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda purposes within
the United States not heretofore authorized by the Congress.
[Sec. 629. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105 of
title 5, United States Code;
(2) includes a military department as defined under section 102
of such title, the Postal Service, and the Postal Rate Commission;
and
(3) shall not include the General Accounting Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.]
[Sec. 630. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO;
(B) Care Choices;
(C) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.]
Sec. [631] 622. Notwithstanding 31 U.S.C. 1346 and section [610] 609
of this Act, funds made available for fiscal year [2001] 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. [632] 623. Notwithstanding 31 U.S.C. 1346 and section [610] 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
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for fiscal year [2001] 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. [633] 624. (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.
[(c)] (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.
[(d)] (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. [634] 625. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized to
be present at the location.
Sec. [635] 626. Nothwithstanding section 1346 of title 31, United
States Code, or section [610] 609 of this Act, funds made available for
fiscal year [2001] 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. 636. Retirement Provisions Relating to Certain Members of the
Police Force of the Metropolitan Washington Airports Authority.--(a)
Qualified MWAA Police Officer Defined.--For purposes of this section,
the term ``qualified MWAA police officer'' means any individual who, as
of the date of the enactment of this Act--
(1) is employed as a member of the police force of the
Metropolitan Washington Airports Authority (hereinafter in this
section referred to as an ``MWAA police officer''); and
(2) is subject to the Civil Service Retirement System or the
Federal Employees' Retirement System by virtue of section 49107(b)
of title 49, United States Code.
(b) Eligibility To Be Treated as a Law Enforcement Officer for
Retirement Purposes.--
(1) In general.--Any qualified MWAA police officer may, by
written election submitted in accordance with applicable
requirements under subsection (c), elect to be treated as a law
enforcement officer (within the meaning of section 8331 or 8401 of
title 5, United States Code, as applicable), and to have all prior
service described in paragraph (2) similarly treated.
(2) Prior service described.--The service described in this
paragraph is all service which an individual performed, prior to the
effective date of such individual's election under this section,
as--
(A) an MWAA police officer; or
(B) a member of the police force of the Federal Aviation
Administration (hereinafter in this section referred to as an
``FAA police officer'').
(c) Regulations.--The Office of Personnel Management shall prescribe
any regulations necessary to carry out this section, including
provisions relating to the time, form, and manner in which any election
under this section shall be made. Such an election shall not be
effective unless--
(1) it is made before the employee separates from service with
the Metropolitan Washington Airports Authority, but in no event
later than 1 year after the regulations under this subsection take
effect; and
(2) it is accompanied by payment of an amount equal to, with
respect to all prior service of such employee which is described in
subsection (b)(2)--
(A) the employee deductions that would have been required
for such service under chapter 83 or 84 of title 5, U.S.C. (as
the case may be) if such election had then been in effect, minus
(B) the total employee deductions and contributions under
such chapter 83 and 84 (as applicable) that were actually made
for such service,
taking into account only amounts required to be credited to the
Civil Service Retirement and Disability Fund. Any amount under
paragraph (2) shall be computed with interest, in accordance with
section 8334(e) of such title 5.
(d) Government Contributions.--Whenever a payment under subsection
(c)(2) is made by an individual with respect to such individual's prior
service (as described in subsection (b)(2)), the Metropolitan Washington
Airports Authority shall pay into the Civil Service Retirement and
Disability Fund any additional contributions for which it would have
been liable, with respect to such service, if such individual's election
under this section had then been in effect (and, to the extent of any
prior FAA police officer service, as if it had then been the employing
agency). Any amount under this subsection shall be computed with
interest, in accordance with section 8334(e) of title 5, United States
Code.
(e) Certifications.--The Office of Personnel Management shall
accept, for the purpose of this section, the certification of--
(1) the Metropolitan Washington Airports Authority (or its
designee) concerning any service performed by an individual as an
MWAA police officer; and
(2) the Federal Aviation Administration (or its designee)
concerning any service performed by an individual as an FAA police
officer.
(f) Reimbursement To Compensate for Unfunded Liability.--
(1) In general.--The Metropolitan Washington Airports Authority
shall pay into the Civil Service Retirement and Disability Fund an
amount (as determined by the Director of the Office of Personnel
Management) equal to the amount necessary to reimburse the Fund for
any estimated increase in the unfunded liability of the Fund (to the
extent the Civil Service Retirement System is involved), and for any
estimated increase in the supplemental liability of the Fund (to the
extent the Federal Employees' Retirement System is involved),
resulting from the enactment of this section.
(2) Payment method.--The Metropolitan Washington Airports
Authority shall pay the amount so determined in five equal annual
installments, with interest (which shall be computed at the rate
used in the most recent valuation of the Federal Employees'
Retirement System).]
[Sec. 637. (a) For purposes of this section--
(1) the term ``comparability payment'' refers to a locality-
based comparability payment under section 5304 of title 5, United
States Code;
(2) the term ``President's pay agent'' refers to the pay agent
described in section 5302(4) of such title; and
(3) the term ``pay locality'' has the meaning given such term by
section 5302(5) of such title.
(b) Notwithstanding any provision of section 5304 of title 5, United
States Code, for purposes of determining appropriate pay localities and
making comparability payment recommendations, the President's pay agent
may, in accordance with succeeding provisions of this section, make
comparisons of General Schedule pay and non-Federal pay within any of
the metropolitan statistical areas described in subsection (d)(3),
using--
(1) data from surveys of the Bureau of Labor Statistics;
[[Page 13]]
(2) salary data sets obtained under subsection (c); or
(3) any combination thereof.
(c) To the extent necessary in order to carry out this section, the
President's pay agent may obtain any salary data sets (referred to in
subsection (b)) from any organization or entity that regularly compiles
similar data for businesses in the private sector.
(d)(1)(A) This paragraph applies with respect to the five
metropolitan statistical areas described in paragraph (3) which--
(i) have the highest levels of nonfarm employment (as determined
based on data made available by the Bureau of Labor Statistics); and
(ii) as of the date of the enactment of this Act, have not
previously been surveyed by the Bureau of Labor Statistics (as
discrete pay localities) for purposes of section 5304 of title 5,
United States Code.
(B) The President's pay agent, based on such comparisons under
subsection (b) as the pay agent considers appropriate, shall: (i)
determine whether any of the five areas under subparagraph (A) warrants
designation as a discrete pay locality; and (ii) if so, make
recommendations as to what level of comparability payments would be
appropriate during 2002 for each area so determined.
(C)(i) Any recommendations under subparagraph (B)(ii) shall be
included--
(I) in the pay agent's report under section 5304(d)(1) of title
5, United States Code, submitted for purposes of comparability
payments scheduled to become payable in 2002; or
(II) if compliance with subclause (I) is impracticable, in a
supplementary report which the pay agent shall submit to the
President and the Congress no later than March 1, 2001.
(ii) In the event that the recommendations are completed in time to
be included in the report described in clause (i)(I), a copy of those
recommendations shall be transmitted by the pay agent to the Congress
contemporaneous with their submission to the President.
(D) Each of the five areas under subparagraph (A) that so warrants,
as determined by the President's pay agent, shall be designated as a
discrete pay locality under section 5304 of title 5, United States Code,
in time for it to be treated as such for purposes of comparability
payments becoming payable in 2002.
(2) The President's pay agent may, at any time after the 180th day
following the submission of the report under subsection (f), make any
initial or further determinations or recommendations under this section,
based on any pay comparisons under subsection (b), with respect to any
area described in paragraph (3).
(3) An area described in this paragraph is any metropolitan
statistical area within the continental United States that (as
determined based on data made available by the Bureau of Labor
Statistics and the Office of Personnel Management, respectively) has a
high level of nonfarm employment and at least 2,500 General Schedule
employees whose post of duty is within such area.
(e)(1) The authority under this section to make pay comparisons and
to make any determinations or recommendations based on such comparisons
shall be available to the President's pay agent only for purposes of
comparability payments becoming payable on or after January 1, 2002, and
before January 1, 2007, and only with respect to areas described in
subsection (d)(3).
(2) Any comparisons and recommendations so made shall, if included
in the pay agent's report under section 5304(d)(1) of title 5, United
States Code, for any year (or the pay agent's supplementary report, in
accordance with subsection (d)(1)(C)(i)(II)), be considered and acted on
as the pay agent's comparisons and recommendations under such section
5304(d)(1) for the area and the year involved.
(f)(1) No later than March 1, 2001, the President's pay agent shall
submit to the Committee on Government Reform of the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committees on Appropriations of the House of Representatives and
of the Senate, a report on the use of pay comparison data, as described
in subsection (b)(2) or (3) (as appropriate), for purposes of
comparability payments.
(2) The report shall include the cost of obtaining such data, the
rationale underlying the decisions reached based on such data, and the
relative advantages and disadvantages of using such data (including
whether the effort involved in analyzing and integrating such data is
commensurate with the benefits derived from their use). The report may
include specific recommendations regarding the continued use of such
data.
(g)(1) No later than May 1, 2001, the President's pay agent shall
prepare and submit to the committees specified in subsection (f)(1) a
report relating to the ongoing efforts of the Office of Personnel
Management, the Office of Management and Budget, and the Bureau of Labor
Statistics to revise the methodology currently being used by the Bureau
of Labor Statistics in performing its surveys under section 5304 of
title 5, United States Code.
(2) The report shall include a detailed accounting of any concerns
the pay agent may have regarding the current methodology, the specific
projects the pay agent has directed any of those agencies to undertake
in order to address those concerns, and a time line for the anticipated
completion of those projects and for implementation of the revised
methodology.
(3) The report shall also include recommendations as to how those
ongoing efforts might be expedited, including any additional resources
which, in the opinion of the pay agent, are needed in order to expedite
completion of the activities described in the preceding provisions of
this subsection, and the reasons why those additional resources are
needed.]
Sec. [638] 627. Federal Funds Identified. Any request for proposals,
solicitation, grant application, form, notification, press release, or
other publications involving the distribution of Federal funds shall
indicate the agency providing the funds and the amount provided. This
provision shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
[SEC. 639. MANDATORY REMOVAL FROM EMPLOYMENT OF FEDERAL LAW ENFORCEMENT
OFFICERS CONVICTED OF FELONIES.]
[(a) In General.--Chapter 73 of title 5, United States Code, is
amended by adding after subchapter VI the following:
``SUBCHAPTER VII--MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW
ENFORCEMENT OFFICERS
``Sec. 7371. Mandatory removal from employment of law
enforcement officers convicted of felonies
``(a) In this section, the term--
``(1) `conviction notice date' means the date on which an agency
that employs a law enforcement officer has notice that the officer
has been convicted of a felony that is entered by a Federal or State
court, regardless of whether that conviction is appealed or is
subject to appeal; and
``(2) `law enforcement officer' has the meaning given that term
under section 8331(20) or 8401(17).
``(b) Any law enforcement officer who is convicted of a felony shall
be removed from employment as a law enforcement officer on the last day
of the first applicable pay period following the conviction notice date.
``(c)(1) This section does not prohibit the removal of an individual
from employment as a law enforcement officer before a conviction notice
date if the removal is properly effected other than under this section.
``(2) This section does not prohibit the employment of any
individual in any position other than that of a law enforcement officer.
``(d) If the conviction is overturned on appeal, the removal shall
be set aside retroactively to the date on which the removal occurred,
with back pay under section 5596 for the period during which the removal
was in effect, unless the removal was properly effected other than under
this section.
``(e)(1) If removal is required under this section, the agency shall
deliver written notice to the employee as soon as practicable, and not
later than 5 calendar days after the conviction notice date. The notice
shall include a description of the specific reasons for the removal, the
date of removal, and the procedures made applicable under paragraph (2).
``(2) The procedures under section 7513 (b) (2), (3), and (4), (c),
(d), and (e) shall apply to any removal under this section. The employee
may use the procedures to contest or appeal a removal, but only with
respect to whether--
``(A) the employee is a law enforcement officer;
``(B) the employee was convicted of a felony; or
``(C) the conviction was overturned on appeal.
``(3) A removal required under this section shall occur on the date
specified in subsection (b) regardless of whether the notice required
under paragraph (1) of this subsection and the procedures made
applicable under paragraph (2) of this subsection have been provided or
completed by that date.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 73 of title 5, United States Code, is amended by adding after
the item relating to section 7363 the following:
[[Page 14]]
``SUBCHAPTER VII--MANDATORY REMOVAL FROM EMPLOYMENT OF LAW ENFORCEMENT
OFFICERS
``7371. Mandatory removal from employment of law enforcement
officers convicted of felonies.''.
(c) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of enactment of this Act and shall apply
to any conviction of a felony entered by a Federal or State court on or
after that date.]
[Sec. 640. Section 504 of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (as enacted into law by Public
Law 106-346) is repealed.]
[Sec. 641. (a) Section 5545b(d) of title 5, United States Code, is
amended by inserting at the end the following new paragraph:
``(4) Notwithstanding section 8114(e)(1), overtime pay for a
firefighter subject to this section for hours in a regular tour of
duty shall be included in any computation of pay under section
8114.''.
(b) The amendment in subsection (a) shall be effective as if it had
been enacted as part of the Federal Firefighters Overtime Pay Reform Act
of 1998 (112 Stat. 2681-519).]
[Sec. 642. Section 6323(a) of title 5, United States Code, is
amended by adding at the end the following:
``(3) The minimum charge for leave under this subsection is one
hour, and additional charges are in multiples thereof.''.]
[Sec. 643. Section 616 of the Treasury, Postal Service and General
Government Appropriations Act, 1988, as contained in the Act of December
22, 1987 (40 U.S.C. 490b), is amended by adding at the end the
following:
``(e)(1) All existing and newly hired workers in any child care
center located in an executive facility shall undergo a criminal history
background check as defined in section 231 of the Crime Control Act of
1990 (42 U.S.C. 13041).
``(2) For purposes of this subsection, the term `executive facility'
means a facility that is owned or leased by an office or entity within
the executive branch of the Government (including one that is owned or
leased by the General Services Administration on behalf of an office or
entity within the judicial branch of the Government).
``(3) Nothing in this subsection shall be considered to apply with
respect to a facility owned by or leased on behalf of an office or
entity within the legislative branch of the Government.''.]
[Sec. 644. Section 501 of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (as enacted into law by Public
Law 106-346) is amended by striking subsection (c) and by redesignating
subsection (d) as subsection (c).]
[Sec. 645. (a)(1) Title 5, United States Code, is amended by
inserting after section 5372a the following:
``Sec. 5372b. Administrative appeals judges
``(a) For the purpose of this section--
``(1) the term `administrative appeals judge position' means a
position the duties of which primarily involve reviewing decisions
of administrative law judges appointed under section 3105; and
``(2) the term `agency' means an Executive agency, as defined by
section 105, but does not include the General Accounting Office.
``(b) Subject to such regulations as the Office of Personnel
Management may prescribe, the head of the agency concerned shall fix the
rate of basic pay for each administrative appeals judge position within
such agency which is not classified above GS-15 pursuant to section
5108.
``(c) A rate of basic pay fixed under this section shall be--
``(1) not less than the minimum rate of basic pay for level AL-3
under section 5372; and
``(2) not greater than the maximum rate of basic pay for level
AL-3 under section 5372.''.
(2) Section 7323(b)(2)(B)(ii) of title 5, United States Code, is
amended by striking ``or 5372a'' and inserting ``5372a, or 5372b''.
(3) The table of sections for chapter 53 of title 5, United States
Code, is amended by inserting after the item relating to section 5372a
the following:
``5372b. Administrative appeals judges.''.
(b) The amendment made by subsection (a)(1) shall apply with respect
to pay for service performed on or after the first day of the first
applicable pay period beginning on or after--
(1) the 120th day after the date of the enactment of this Act;
or
(2) if earlier, the effective date of regulations prescribed by
the Office of Personnel Management to carry out such amendment.]
[Sec. 646. Not later than 60 days after the date of enactment of
this Act, the Inspector General of each department or agency shall
submit to Congress a report that discloses any activity of the
applicable department or agency relating to--
(1) the collection or review of singular data, or the creation
of aggregate lists that include personally identifiable information,
about individuals who access any Internet site of the department or
agency; and
(2) entering into agreements with third parties, including other
government agencies, to collect, review, or obtain aggregate lists
or singular data containing personally identifiable information
relating to any individual's access or viewing habits for
governmental and nongovernmental Internet sites.]
Sec. 628. Subsection (f) of section 403 of Public Law 103-356 is
amended by deleting ``October 1, 2001'' and inserting ``October 1,
2002''.
Sec. 629. 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. 630. 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. 631. 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. (Treasury and General
Government Appropriations Act, 2001, as enacted by section 1(a)(3) of
Public Law 106-554.)
[MISCELLANEOUS PROVISIONS--MISCELLANEOUS APPROPRIATIONS ACT, 2001]
[Sec. 1401. H. Con. Res. 234 of the 106th Congress, as adopted by
the House of Representatives on November 18, 1999, shall be considered
to have been adopted by the Senate.]
[Sec. 1402. Section 3003(a)(1) of the Federal Reports Elimination
and Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any
report required to be submitted under any of the following provisions of
law:
(1) Sections 1105(a), 1106(a) and (b), and 1109(a) of title 31,
United States Code, and any other law relating to the budget of the
United States Government.
(2) The Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 900 et seq.).
(3) Sections 202(e)(1) and (3) of the Congressional Budget Act
of 1974 (2 U.S.C. 602(e)(1) and (3)).
(4) Section 1014(e) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 685(e)).]
[Sec. 1403. (a) Government-Wide Rescissions.--There is hereby
rescinded an amount equal to 0.22 percent of the discretionary budget
authority provided (or obligation limit imposed) for fiscal year 2001 in
this or any other Act for each department, agency, instrumentality, or
entity of the Federal Government, except for those programs, projects,
and activities which are specifically exempted elsewhere in this
provision: Provided, That this exact reduction percentage shall be
applied on a pro rata basis only to each program, project, and activity
subject to the rescission.
(b) Restrictions.--This reduction shall not be applied to the
amounts appropriated in Title I of Public Law 106-259: Provided, That
this reduction shall not be applied to the amounts appropriated in
Division B of Public Law 106-246: Provided further, That this reduction
shall not be applied to the amounts appropriated under the Departments
of Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2001, as contained in this Act, or in prior Acts.
(c) Report.--The Director of the Office of Management and Budget
shall include in the President's budget submitted for fiscal year 2002 a
report specifying the reductions made to each account pursuant to this
section.] (Division A, Miscellaneous Appropriations Act, 2001, as
enacted by section 1(a)(4) of P.L. 106-554.)