[Appendix]
[Detailed Budget Estimates by Agency]
[General Provisions Government-Wide]
[From the U.S. Government Publishing Office, www.gpo.gov]
<h1>GENERAL PROVISIONS GOVERNMENT-WIDE</h1>
GENERAL PROVISIONS GOVERNMENT-WIDE
GENERAL PROVISIONS GOVERNMENT-WIDE
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Departments, Agencies, and Corporations
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(including transfer of funds)
SEC. 701. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for
fiscal year 2021 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 (21 U.S.C. 802)) by the
officers and employees of such department, agency, or instrumentality.SEC. 702. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with subsection
1343(c) of title 31, United States Code, for the purchase of any passenger motor vehicle (exclusive of buses, ambulances,
law enforcement vehicles, protective vehicles, and undercover surveillance vehicles), is hereby fixed at $19,947 except station
wagons for which the maximum shall be $19,997: Provided, That these limits may be exceeded by not to exceed $7,250 for police-type 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: Provided further, That the limits set forth in this section shall not apply to any vehicle that is a commercial item and which operates on
alternative fuel, including but not limited to electric, plug-in hybrid electric, and hydrogen fuel cell vehicles.SEC. 703. 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. 704. Unless otherwise specified in law 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 who is lawfully admitted for permanent
residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee
under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent
resident and then a citizen when eligible; or (4) is a person who owes allegiance to the United States: Provided, That for purposes of this section, affidavits signed by any such person shall be considered prima facie evidence that the
requirements of this section with respect to his or her status are being complied with: Provided further, That for purposes of subsections (2) and (3) such affidavits shall be submitted prior to employment and updated thereafter
as necessary: 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: Provided further, That this section shall not apply to any person who is an officer or employee of the Government of the United States on
the date of enactment of this Act, or to international broadcasters employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens
employed by the Department of the Interior or the USDA Forest Service pursuant to an agreement with another country.SEC. 705. 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. 479), the Public Buildings Amendments of 1972 (86
Stat. 216), or other applicable law.SEC. 706. 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. 13834 (May 17, 2018),
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. 707. 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. 708. 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. 709. None of the funds made available pursuant to the provisions of this or any other Act shall be used to implement, administer,
or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable
law of the United States.SEC. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal
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 transmitted to the Committees
on Appropriations of the House of Representatives and the Senate. For the purposes of this section, the term "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. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this Act, funds made available for the current fiscal year 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. 13618 (July
6, 2012).SEC. 712.
(a) None of the funds made available by this or any other Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or expenses of any individual appointed to a position of a confidential
or policy-determining character that is excepted from the competitive service under section 3302 of title 5, United States
Code, (pursuant to schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations) unless the head of the
applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director of
the Office of Personnel Management that the schedule C position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from an
element of the intelligence community (as that term is defined under section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4))).
SEC. 713. 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. 714.
(a) In this section, the term "agency"—
(1) means an Executive agency, as defined under 5 U.S.C. 105; and
(2) includes a military department, as defined under section 102 of such title, the United States Postal Service, and the Postal
Regulatory Commission.
(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 5 U.S.C. 6301(2), has an obligation to expend an honest effort and a reasonable proportion of such
employee's time in the performance of official duties.
SEC. 715. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal Accounting Standards Advisory Board (FASAB), shall
be available to finance an appropriate share of FASAB administrative costs.SEC. 716. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized
to transfer to or reimburse "General Services Administration, Government-wide Policy" with the approval of the Director of
the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including
rebates from charge card and other contracts: Provided, That these funds shall be administered by the Administrator of General Services to support Government-wide and other multi-agency
financial, information technology, procurement, and other management innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the Director of the Office of Management and Budget, in consultation
with the appropriate interagency and multi-agency groups designated by the Director (including the President's Management
Council for overall management improvement initiatives, the Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for
human capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided further, That the total funds transferred or reimbursed shall not exceed $15,000,000 to improve coordination, reduce duplication,
and for other activities related to Federal Government Priority Goals established by 31 U.S.C. 1120, and not to exceed $17,000,000
for Government-Wide innovations, initiatives, and activities: Provided further, That the funds transferred to or for reimbursement of "General Services Administration, Government-wide Policy" during fiscal
year 2021 shall remain available for obligation through September 30, 2022: Provided further, That such transfers or reimbursements may only be made after 15 days following notification of the Committees on Appropriations
of the House of Representatives and the Senate by the Director of the Office of Management and Budget.SEC. 717. 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. 718. Notwithstanding 31 U.S.C. 1346, or section 708 of this Act, funds made available for the current fiscal year 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, Space, and Technology,
and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act.SEC. 719. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving
the distribution of Federal funds shall comply with any relevant requirements in part 200 of title 2, Code of Federal Regulations:
Provided, That this section shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds.SEC. 720.
(a) Prohibition of Federal Agency Monitoring of Individuals' Internet Use.—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 aggregation of data, derived from any means, that includes 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 aggregation
of data, derived from any means, that includes 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 providing the Internet site services or to protecting 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. 721.
(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 HealthPlans, 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. 722. The United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports
the strict adherence to anti-doping in sport through testing, adjudication, education, and research as performed by nationally
recognized oversight authorities.SEC. 723. Notwithstanding any other provision of law, funds appropriated for official travel to Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of Management and Budget Circular A-126 regarding official
travel for Government personnel, to participate in the fractional aircraft ownership pilot program.SEC. 724. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, 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 notice to the Committees on Appropriations of the House of Representatives and the Senate, 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. 725. Unless otherwise authorized by existing law, none of the funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the
story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story
was prepared or funded by that executive branch agency.SEC. 726.
(a) In General.—None of the funds appropriated or otherwise made available by this or any other Act may be used for any Federal Government
contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity.
(b) Waivers.—
(1) In general.—Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of such Secretary
if the Secretary determines that the waiver is required in the interest of national security.
(2) Report to congress.—Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress.
(c) Exception.—This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act,
or to any task order issued pursuant to such contract.
SEC. 727. During fiscal year 2021, for each employee who—
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code; or
(2) retires under any other provision of subchapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as
an incentive to separate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost of processing a retirement claim for the preceding fiscal
year. Such amounts shall be available until expended to the Office of Personnel Management and shall be deemed to be an administrative
expense under section 8348(a)(1)(B) of title 5, United States Code.
SEC. 728.
(a) None of the funds made available in this or any other Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering communication
that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate for election
for Federal office or to a political committee, or that is otherwise made with respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment described in paragraph (1)) made by the entity, its officers or directors,
or any of its affiliates or subsidiaries to any person with the intent or the reasonable expectation that the person will
use the funds to make a payment described in paragraph (1).
(b) In this section, each of the terms "contribution", "expenditure", "independent expenditure", "electioneering communication",
"candidate", "election", and "Federal office" has the meaning given such term in the Federal Election Campaign Act of 1971
(52 U.S.C. 30101 et seq.).
SEC. 729. None of the funds made available in this or any other Act may be used to pay for the painting of a portrait of an officer
or employee of the Federal government, including the President, the Vice President, a member of Congress (including a Delegate
or a Resident Commissioner to Congress), the head of an executive branch agency (as defined in section 133 of title 41, United
States Code), or the head of an office of the legislative branch.SEC. 730.
(a)
(1) 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 2021, 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—
(A) during the period from the date of expiration of the limitation imposed by the comparable section for the previous fiscal
years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2021, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance
with such section; and
(B) during the period consisting of the remainder of fiscal year 2021, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under subparagraph (A) by more than
the sum of—
(i) the percentage adjustment taking effect in fiscal year 2021 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal
year 2021 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments
which was effective in the previous fiscal year under such section.
(2) 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 paragraph (1) is in effect at a rate that exceeds the rates that would be payable under paragraph (1) were paragraph
(1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an employee who is covered by this subsection and who is paid from
a schedule not in existence on September 30, 2020, shall be determined under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be changed
from the rates in effect on September 30, 2020, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service performed after September 30, 2020.
(6) 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 subsection shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or require the payment to any employee covered by this subsection
at a rate in excess of the rate that would be payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office
determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal
year 2021 under sections 5344 and 5348 of title 5, United States Code, shall be—
(1) not less than the percentage received by employees in the same location whose rates of basic pay are adjusted pursuant to
the statutory pay systems under sections 5303 and 5304 of title 5, United States Code: Provided, That prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay locality designated as "Rest of United States" pursuant to section
5304 of title 5, United States Code, for purposes of this subsection; and
(2) effective as of the first day of the first applicable pay period beginning after September 30, 2020.
SEC. 731. None of the funds made available by this or any other Act may be used to implement, administer, enforce, or apply the rule
entitled "Competitive Area" published by the Office of Personnel Management in the Federal Register on April 15, 2008 (73
Fed. Reg. 20180 et seq.).SEC. 732.
(a) None of the funds appropriated or otherwise made available by this or any other Act may be available for a contract, grant,
or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste,
or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or
contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative
of a Federal department or agency authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the nondisclosure of classified information.
SEC. 733. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered
suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect
the interests of the Government.SEC. 734. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted
of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of
the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of the Government.SEC. 735.
(a) During fiscal year 2021, on the date on which a request is made for a transfer of funds in accordance with section 1017 of Public Law 111–203, the
Bureau of Consumer Financial Protection shall notify the Committees on Appropriations of the House of Representatives and
the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made available on the Bureau's public Web site.
SEC. 736. If, for fiscal year 2021, new budget authority provided in appropriations Acts exceeds the discretionary spending limit for any category set forth
in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 due to estimating differences with the
Congressional Budget Office, an adjustment to the discretionary spending limit in such category for fiscal year 2021 shall be made by the Director of the Office of Management and Budget in the amount of the excess but the total of all such
adjustments shall not exceed 0.2 percent of the sum of the adjusted discretionary spending limits for all categories for that
fiscal year.SEC. 737.
(a) Notwithstanding the official rate adjusted under section 104 of title 3, United States Code, the rate payable to the Vice
President during calendar year 2021 shall be 1 percent above the rate payable to the Vice President on December 31, 2020, by operation of section 749 of division C of the Consolidated Appropriations Act, 2020 (Public Law 116–93), subject to the rounding rules in such section
104.
(b) Notwithstanding the official rate adjusted under section 5318 of title 5, United States Code, or any other provision of law,
the payable rate during calendar year 2021 for an employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute
at an Executive Schedule rate, shall be increased by 1 percent relative to the rate payable for the applicable Executive Schedule level on December 31, 2020, by operation of section 749 of division C of the Consolidated Appropriations Act, 2020 (Public Law 116–93), subject to the rounding rules in such section
5318. Such an employee may receive no other pay rate increase during calendar year 2021, except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of 1980 (Public Law 96–465) or any other provision of law, a chief
of mission or ambassador at large is subject to subsection (b) in the same manner as other employees who are paid at an Executive
Schedule rate.
(d)
(1) This subsection applies to—
(A) a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above the official rate for level IV
of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment
and paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United States Code, an employee described in paragraph (1) who is serving at the time official rates of the Executive Schedule are adjusted may receive a single increase in the employee's
pay rate of no more than 1 percent during calendar year 2021. Any such increase is subject to the normally applicable pay
rules and the pay limitations applicable to employees described in paragraph (1) on December 31, 2020, by operation of section
749 of division C of the Consolidated Appropriations Act, 2020 (Public Law 116–93), after those limitations are increased
by 1 percent (after applicable rounding). Such an employee may receive no other pay rate increase during calendar year 2021, except as provided in subsection (i).
(e) Notwithstanding any other provision of law, any employee paid a rate of basic pay (including any locality-based payments under
section 5304 of title 5, United States Code, or similar authority) at or above the official rate for level IV of the Executive
Schedule who serves under a political appointment, at the time official rates of the Executive Schedule are adjusted, may receive a single increase in the employee's pay rate
of no more than 1 percent during calendar year 2021. Any such increase is subject to the normally applicable pay rules and
the pay limitations applicable to employees described in this subsection on December 31, 2020, by operation of section 749
of division C of the Consolidated Appropriations Act, 2020 (Public Law 116–93), who are covered under the same pay system,
after those limitations are increased by 1 percent (after applicable rounding). Such an employee may receive no other a pay rate increase during calendar year 2021, except as provided in subsection (i). This subsection does not apply to employees in the General Schedule pay system or
the Foreign Service pay system, to employees appointed under section 3161 of title 5, United States Code, or to employees
in another pay system whose position would be classified at GS-15 or below if chapter 51 of title 5, United States Code, applied
to them.
(f) Nothing in subsections (b) through (e) shall prevent employees who do not serve under a political appointment from receiving
pay increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes an election to retain Senior Executive Service basic pay under section
3392(c) of title 5, United States Code, for such time as that election is in effect.
(h) This section does not apply to an individual who makes an election to retain Senior Foreign Service pay entitlements under
section 302(b) of the Foreign Service Act of 1980 (Public Law 96–465) for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate increase upon an authorized
movement to a different covered position only if that new position has higher-level duties and a pre-established level or
range of pay higher than the level or range for the position held immediately before the movement. Any such increase must
be based on the rates of pay and the pay limitations applicable to covered employees in the same pay system on December 31, 2020, by operation of section 749 of division C of the Consolidated Appropriations Act, 2020 (Public Law 116–93), after those rates and pay limitations are increased
by 1 percent (after applicable rounding).
(j) Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period
of time subject to this section, the initial pay rate shall be based on the rates of pay and the pay limitations applicable to covered employees in the same pay system on December 31, 2020, by operation of section 749 of division C of the Consolidated Appropriations Act, 2020 (Public Law 116–93), after those rates and pay limitations are increased
by 1 percent (after applicable rounding).
(k) If an employee affected by this section is subject to a biweekly pay period that begins in calendar year 2021 but ends in calendar year 2022, the bar on the employee's receipt of pay rate increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term "covered position" means a position occupied by an employee whose pay is restricted
under this section.
(m) This section takes effect on the first day of the first applicable pay period beginning on or after January 1, 2021.
(Financial Services and General Government Appropriations Act, 2020.)