[107th Congress Public Law 67]
[From the U.S. Government Printing Office]
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[DOCID: f:publ067.107]
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TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2002
[[Page 115 STAT. 514]]
Public Law 107-67
107th Congress
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. <<NOTE: Nov. 12, 2001 - [H.R. 2590]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Treasury and
General Government Appropriations Act, 2002.>> 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 Sep-tember 30, 2002, and for other
purposes, namely:
TITLE I--DEPARTMENT OF THE TREASURY <<NOTE: Treasury Department
Appropriations Act, 2002.>>
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, $177,142,000: Provided, That of
these amounts $2,900,000 is available for grants to State and local law
enforcement groups to help fight money laundering: Provided
further, <<NOTE: Deadline.>> That of these amounts $2,000,000 shall be
available for a grant associated with research on transfer pricing, and
that such sum shall be transferred within 90 days of enactment of this
Act.
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: Pro-
vided, That these funds shall be transferred to accounts and in
[[Page 115 STAT. 515]]
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,
$35,424,000.
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, $123,746,000.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury Building
and Annex, $28,932,000, 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, $2,000,000, 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 pro-
vided in this Act.
[[Page 115 STAT. 516]]
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, $40,000,000,
to remain available until expended, to reimburse any Department of the
Treasury organization for the costs of providing support to counter,
investigate, or prosecute 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, with-
out 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 enforce-
ment 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, $105,680,000, 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 $18,892,000 for materials and support
costs of Federal law enforcement basic training shall remain avail-
able until September 30, 2004, and of which up to 20 percent
of the $18,892,000 also shall be available for travel, room and
board costs for participating agency basic training during the first
quarter of a fiscal year, subject to full reimbursement by the benefit-
ting agency: Provided, <<NOTE: 42 USC 3771 note.>> 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
[[Page 115 STAT. 517]]
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,
$33,434,000, 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.
[[Page 115 STAT. 518]]
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$212,850,000, 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 822 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, $823,316,000, of which $3,500,000 shall be
available for retrofitting and upgrades of the National Tracing Center
Facility in Martinsburg, West Virginia; of which not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by 18 U.S.C. 924(d)(2); of which up to $2,000,000 shall be
available for the equipping of any vessel, vehicle, equipment, or
aircraft available for official use by a State or local law enforcement
agency if the conveyance will be used in joint law enforcement
operations with the Bureau of Alcohol, Tobacco and Firearms and for the
payment of overtime salaries including Social Security and Medicare,
travel, fuel, training, equipment, supplies, and other similar costs of
State and local law enforcement per-
sonnel, including sworn officers and support personnel, that are
incurred in joint operations with the Bureau of Alcohol, Tobacco and
Firearms, and of which $13,000,000, to remain available until expended,
shall be available for disbursements through grants, cooperative
agreements or contracts to local governments for Gang Resistance
Education and Training: 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
[[Page 115 STAT. 519]]
or employee of the United States to implement an amendment or amendments
to 27 CFR 178.118 or to change the definition of ``Curios or relics'' in
27 CFR 178.11 or remove any item from ATF Publication 5300.11 as it
existed on January 1, 1994: Provided further, That none of the funds
appropriated herein shall be available to investigate or act upon
applications for relief from Federal firearms disabilities under 18
U.S.C. 925(c): Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations for relief
from Federal firearms disabilities under 18 U.S.C. 925(c): Provided
further, That no funds under this Act may be used to electronically
retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or
any personal identification code.
United States Customs Service
salaries and expenses
For necessary expenses of the United States Customs Service,
including purchase and lease of up to 1,235 motor vehicles of which 550
are for replacement only and of which 1,215 are for police-type use and
commercial operations; hire of motor vehicles; contracting with
individuals for personal services abroad; not to exceed $40,000 for
official reception and representation expenses; and awards of
compensation to informers, as authorized by any Act enforced by the
United States Customs Service, $2,079,357,000, 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; not less than
$100,000 shall be available to promote public awareness of the child
pornography tipline; not less than $200,000 shall be available for
Project Alert; not less than $1,000,000 shall be provided to develop a
curriculum for the training of law enforcement dogs to combat and
respond to terrorist activities specifically related to chemical and
biological threats; 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 $33,151,000 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 of the
total amount of funds made available for forced child labor activities
in fiscal year 2002, not to exceed $4,400,000 shall remain available
until expended for operations and support of such activities: Provided
further, 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.
[[Page 115 STAT. 520]]
harbor maintenance fee collection
(including transfer of funds)
For administrative expenses related to the collection of the Harbor
Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be
derived from the Harbor Maintenance Trust Fund and to be transferred to
and merged with the Customs ``Salaries and Expenses'' account for such
purposes.
operation, maintenance and procurement, air and marine interdiction
programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other related
equipment of the Air and Marine Programs, including operational training
and mission-related travel, and rental payments for facilities occupied
by the air or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction of narcotics
and other goods; the provision of support to Customs and other Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Customs Service; and, at the discretion of the
Commissioner of Customs, the provision of assistance to Federal, State,
and local agencies in other law enforcement and emergency humanitarian
efforts, $177,860,000, 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.
[[Page 115 STAT. 521]]
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, $191,353,000, 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
$186,953,000. 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, $3,797,890,000, of which up to
$3,950,000 shall be for the Tax Counseling for the Elderly Program, of
which $7,000,000 shall be available for low-income taxpayer clinic
grants, and of which not to exceed $25,000 shall be for official
reception and representation expenses.
[[Page 115 STAT. 522]]
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, $1,563,249,000, 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.
[[Page 115 STAT. 523]]
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. <<NOTE: 26 USC 7804 note.>> 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. <<NOTE: Confidentiality. 26 USC 6103 note.>> The Internal
Revenue Service shall institute and enforce policies and procedures that
will safeguard the confidentiality of taxpayer information.
Sec. 104. <<NOTE: Communications and tele- communications.>> 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 1,149 vehicles for police-type use,
of which 945 shall be for replacement only, and hire of passenger motor
vehicles; purchase of American-made side-car compatible motorcycles;
hire of aircraft; training and assistance requested by State and local
governments, which may be provided without reimbursement; services of
expert witnesses at such rates as may be determined by the Director;
rental of buildings in the District of Columbia, and fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; for payment of per diem and/or subsistence
allowances to employees where a protective assignment during the actual
day or days of the visit of a protectee require an employee to work 16
hours per day or to remain overnight at his or her post of duty; the
conducting of and participating in firearms matches; presentation of
awards; for travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in this or any
other Act if approval is obtained in advance from the Committees on
Appropriations; for research and development; for making grants to
conduct behavioral research in support of protective research and
operations; not to exceed $25,000 for official reception and
representation expenses; not to exceed $100,000 to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; for payment in advance for commercial
accommodations as may be necessary to perform protective functions; and
for uniforms without regard to the general purchase price limitation for
the current fiscal year, $920,615,000, of which $1,633,000 shall be
available for forensic and related support of investigations of missing
and exploited children, and of which $3,009,000 shall be available as a
grant for activities related to the investigations of exploited children
and shall remain available
[[Page 115 STAT. 524]]
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. <<NOTE: Contracts.>> 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
[[Page 115 STAT. 525]]
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 any museum without the explicit approval of the
House Committee on Financial Services and the Senate Committee on
Banking, Housing, and Urban Affairs.
Sec. 122. None of the funds appropriated or made available by this
Act may be used for the production of Customs Declarations that do not
inquire whether the passenger had been in the proximity of livestock.
Sec. 123. In addition to any other transfer authority in this Act
and upon approval of the Committees on Appropriations, the Secretary of
the Treasury may transfer out of any appropriations available in this
title such sums as are necessary to meet financial statement audit
requirements of the United States Customs Service and the Financial
Management Service, not to exceed a total of $3,000,000.
This title may be cited as the ``Treasury Department Appropriations
Act, 2002''.
TITLE II--POSTAL SERVICE <<NOTE: Postal Service Appropriations Act,
2002.>>
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, <<NOTE: 39 USC 403 note.>> 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
[[Page 115 STAT. 526]]
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-- <<NOTE: Executive Office Appropriations Act,
2002.>> EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President and the White House Office
compensation of the president
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000:
Provided, <<NOTE: 3 USC 102 note.>> That none of the funds made
available for official expenses shall be expended for any other purpose
and any unused amount shall revert to the Treasury pursuant to section
1552 of title 31, United States Code: Provided further, That none of the
funds made available for official expenses shall be considered as
taxable to the President.
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President, $54,651,000:
Provided, That $10,740,000 of the funds appropriated shall be available
for reimbursements to the White House Communications Agency.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $11,695,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence
[[Page 115 STAT. 527]]
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, <<NOTE: Notice. Deadlines.>> 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, <<NOTE: Deadline. Reports.>> 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, <<NOTE: Records.>> That the Executive Residence shall
maintain a system for the tracking of expenses related to reimbursable
events within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical:
Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable requirement
of subchapter I or II of chapter 37 of title 31, United States Code.
white house repair and restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $8,625,000, to remain available until
expended, of which $1,306,000 is for six projects for required
maintenance, safety and health issues, and continued preventative
maintenance; and of which $7,319,000 is for 3 projects for required
maintenance and continued preventative maintenance in conjunction with
the General Services Administration, the United States Secret Service,
the Office of the President, and other agencies charged with the
administration and care of the White House.
[[Page 115 STAT. 528]]
Special Assistance to the President and the Official Residence of the
Vice President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $3,925,000.
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, heating and
lighting, including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor vehicles;
and not to exceed $90,000 for official entertainment expenses of the
Vice President, to be accounted for solely on his certificate, $318,000:
Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisors in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021), $4,211,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$4,142,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109, $7,494,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $46,955,000, of which
$11,775,000 shall remain available until expended for the Capital
Investment Plan for continued modernization of the information
technology infrastructure within the Executive Office of the President:
Provided, That $4,475,000 of the Capital Investment Plan
[[Page 115 STAT. 529]]
funds may not be obligated until the Executive Office of the President
has submitted a report to the Committees on Appropriations that: (1)
includes an Enterprise Architecture, as defined in OMB Circular A-130
and the Federal Chief Information Officers Council guidance; (2)
presents an Information Technology (IT) Human Capital Plan, to include
an inventory of current IT workforce knowledge and skills, a definition
of needed IT knowledge and skills, a gap analysis of any shortfalls, and
a plan for addressing any shortfalls; (3) presents a capital investment
plan for implementing the Enterprise Architecture; (4) includes a
description of the IT capital planning and investment control process;
and (5) is reviewed and approved by the Office of Management and Budget,
is reviewed by the General Accounting Office, and is approved by the
Committees on Appropriations.
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, after February 15, 2002,
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, <<NOTE: Reports.>> 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 Committees on
Appropriations that provides an assessment of the total costs and
benefits of implementing Executive Order No. 13166: Provided
further, <<NOTE: Deadline.>> That such assessment shall be submitted no
later than 120 days after enactment of this Act.
[[Page 115 STAT. 530]]
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 $10,000 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, $25,263,000;
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, <<NOTE: 21 USC
1702 note.>> 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.),
$42,300,000, which shall remain available until expended, consisting of
$20,064,000 for counternarcotics research and development projects, and
$22,236,000 for the continued operation of the technology transfer
program: Provided, That the $20,064,000 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 <<NOTE: Deadline.>> necessary expenses of the Office of
National Drug Control Policy's High Intensity Drug Trafficking Areas
Program, $226,350,000, 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 no less
than 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
[[Page 115 STAT. 531]]
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 <<NOTE: Deadline.>> activities to support a national anti-drug
campaign for youth, and for other purposes, authorized by 21 U.S.C. 1701
et seq., $239,400,000, 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
$4,800,000 shall be made available no later than 30 days after the
enactment of this Act 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 chapter 2
of the National Narcotics Leadership Act of 1988, as amended; 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.
unanticipated needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000.
This title may be cited as the ``Executive Office Appropriations
Act, 2002''.
TITLE IV--INDEPENDENT AGENCIES <<NOTE: Independent Agencies
Appropriations Act, 2002.>>
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.
[[Page 115 STAT. 532]]
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)
For an additional amount to be deposited in, and to be used for the
purposes of, the Fund established pursuant to section 210(f) of the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 490(f)), $8,000,000. The revenues and collections deposited into
the Fund shall be available for necessary expenses of real property
management and related activities not otherwise provided for, including
operation, maintenance, and protection of federally owned and leased
buildings; rental of
buildings in the District of Columbia; restoration of leased premises;
moving governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, and any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate amount of
$6,100,382,000, of which: (1) $386,280,000 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:
[[Page 115 STAT. 533]]
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:
Ft. Pierce, United States Courthouse, $2,269,000
Miami, United States Courthouse, $15,000,000
Orlando, United States Courthouse, $4,000,000
Illinois:
Rockford, United States Courthouse, $4,933,000
Iowa:
Cedar Rapids, United States Courthouse, $9,785,000
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
Mississippi:
Gulfport, United States Courthouse, $3,000,000
Jackson, United States Courthouse, $6,710,000
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,
$8,000,000, to be directly transferred to the National
Oceanic and Atmospheric Administration
Oregon:
Eugene, United States Courthouse, $4,470,000
Pennsylvania:
Erie, United States Courthouse Annex, $30,739,000
Tennessee:
[[Page 115 STAT. 534]]
Nashville, United States Courthouse, $14,700,000
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
Utah:
Salt Lake City, United States Courthouse, $3,000,000
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, <<NOTE: Expiration
date.>> 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:
Alabama:
Montgomery, Frank M. Johnson, Jr. Federal
Building--United States Courthouse, $4,000,000
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
[[Page 115 STAT. 535]]
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:
Kansas City, Federal Building, 811 Grand Boulevard,
$1,604,000
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
Pennsylvania:
Pittsburgh, United States Post Office and
Courthouse, $12,600,000
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, $351,796,000:
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
approval is obtained from 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 <<NOTE: Expiration date.>> in prospectus projects:
Provided further, That all funds
[[Page 115 STAT. 536]]
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) $2,952,050,000 for rental of space which
shall remain available until expended; and (5) $1,748,949,000 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 $6,100,382,000 shall remain in
the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
policy and operations
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and oversight activities associated with asset
management activities; utilization and donation of surplus personal
property; transportation; procurement and supply; Government-wide
responsibilities relating to automated data management,
telecommunications, information resources management, and related
technology activities; utilization survey, deed compliance inspection,
appraisal, environmental and cultural analysis, and land use planning
functions pertaining to excess and surplus real property; agency-wide
policy direction; Board of Contract Appeals; accounting, records
management, and other support services incident to adjudication of
Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
official reception and representation expenses, $143,139,000, of which
$25,887,000 shall remain available until expended.
[[Page 115 STAT. 537]]
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $36,346,000: 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 Committees 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
[[Page 115 STAT. 538]]
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 must be accompanied by a standardized courtroom utilization
study of each facility to be constructed, replaced, or expanded.
Sec. 405. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Funds provided to other Government agencies by the
Information Technology Fund, General Services Administration, under
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.
Sec. 409. Notwithstanding any other provision of law, the General
Services Administration is directed to maintain the vehicle rental rates
and per mile rates charged for buses used by schools and dormitories
funded by the Bureau of Indian Affairs that were in effect on April 30,
2001 until such time as appropriations to the Bureau of Indian Affairs
funding for the Student Transportation Program for schools and
dormitories funded by the Bureau of Indian Affairs equals or exceeds $3
per mile.
Sec. 410. Designation of Judge Bruce M. Van Sickle Federal Building
and United States Courthouse. (a) The Federal building and courthouse
located at 100 1st Street, SW, Minot, North Dakota, shall be known and
designated as the ``Judge Bruce M. Van Sickle Federal Building and
United States Courthouse''.
(b) Any reference in law, map, regulation, document, paper, or other
record of the United States to the Federal building and courthouse
referred to in section (a) shall be deemed to be a reference to the
Judge Bruce M. Van Sickle Federal Building and United States Courthouse.
Sec. 411. Section 410 of Appendix C of Public Law 106-554 (114 Stat.
2763A-146) is amended--
(1) by striking ``a 125 foot wide right-of-way'' and
inserting ``up to a 125 foot wide right-of-way'';
[[Page 115 STAT. 539]]
(2) by striking ``northeast corner of the existing port''
and inserting ``southeast corner of the existing port'';
(3) striking ``approximately 4,750 feet'' and inserting
``and then west to a connection with State Highway 11 between
approximately 5,000 and 7,000 feet'';
(4) by striking ``a road to be built by the County of Luna,
New Mexico to connect to'';
(5) by striking ``Provided further, That notwithstanding any
other provision of law, Luna County shall construct the roadway
from State Highway 11 to the terminus of the northbound road to
be constructed by the General Services Administration in time
for completion of the road to be constructed by the General
Services Administration in time for completion of the road to be
constructed by the General Services Administration:''; and
(6) by striking ``consisting of approximately 12 acres'' and
inserting ``consisting of approximately 10.22 acres''.
Sec. 412. <<NOTE: Florida.>> Notwithstanding any other provision of
law, the United States Government is directed to deed block four (4) of
the LOCH HAVEN REPLAT, as recorded in Plat Book ``Q'', Page 9, Public
Records of Orange County, Florida, back to the City of Orlando, Florida,
for park and recreation purposes, under the same terms that the land was
deeded to the United States Government by the City of Orlando in the
recorded deed from the City dated September 20, 1951.
Sec. 413. Designation of G. Ross Anderson, Jr. Federal Building and
United States Courthouse. (a) The Federal
building and courthouse located at 315 S. McDuffie Street, Anderson,
South Carolina, shall be known and designated as the ``G.
Ross Anderson, Jr. Federal Building and United States Courthouse''.
(b) Any reference in a law, map, regulation, document, paper, or
other record of the United States to the Federal building and courthouse
referred to in subsection (a) shall be deemed to be a reference to the
G. Ross Anderson, Jr. Federal Building and United States Courthouse.
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.
[[Page 115 STAT. 540]]
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.), $1,996,000,
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, <<NOTE: Deadline.>> 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 Committees 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, $39,143,000, to remain
available until expended: Provided, That the Archivist of the United
States is authorized, pursuant to 44 U.S.C. 2903, to construct a new
Southeast Regional Archives on land to be acquired (Federal site), by
direct payment or the provision of site improvements, from the State of
Georgia or Clayton County or some other governmental authority thereof;
such Federal site to be located near the campus of Clayton College and
State University in Clayton County, Georgia, and abut land designated
for construction of the Georgia State Archives facility, with both
archival facilities co-located on a combined site. Of the funds provided
in this account, $28,500,000 shall be available until expended to be
used
[[Page 115 STAT. 541]]
for acquiring the Federal site, construction, and related services for
building the new Federal archival facility, other related costs for
improvement of the combined site which may also indirectly benefit the
Georgia State Archives facility, and other necessary expenses.
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, $6,436,000, 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
[[Page 115 STAT. 542]]
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, <<NOTE: 33 USC 776.>> 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.
[[Page 115 STAT. 543]]
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, $37,305,000: Provided,
That <<NOTE: 26 USC 7443 note.>> 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. <<NOTE: Contracts. Public information.>> 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
[[Page 115 STAT. 544]]
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. <<NOTE: Abortion.>> 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
[[Page 115 STAT. 545]]
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. 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).
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. <<NOTE: Drug-free workplace.>> 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. <<NOTE: 31 USC 1343 note.>> 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. <<NOTE: 5 USC 3101 note.>> 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
[[Page 115 STAT. 546]]
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.
[[Page 115 STAT. 547]]
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 608. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 609. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.
Sec. 610. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service and under the charge and control of the Postal Service, and such
guards shall have, with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or
occupied by the Postal Service, the Postmaster General may take the same
actions as the Administrator of General Services may take under the
provisions of sections 2 and 3 of the Act of June 1, 1948, as amended
(62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal
consequences under the authority and within the limits provided in
section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the applicable
law of the United States.
Sec. 613. <<NOTE: 5 USC 5343 note.>> (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
[[Page 115 STAT. 548]]
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) <<NOTE: Locality pay.>> 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) <<NOTE: Regulations.>> 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) <<NOTE: Applicability.>> 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. 614. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such
[[Page 115 STAT. 549]]
furnishing or redecoration is expressly approved by the Committees on
Appropriations. For the purposes of this section, the word ``office''
shall include the entire suite of offices assigned to the individual, as
well as any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 615. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training which cannot be accommodated in existing Center
facilities.
Sec. 616. Notwithstanding section 1346 of title 31, United States
Code, or section 610 of this Act, funds made available for fiscal year
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. (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. <<NOTE: Discrimination. Sexual harassment.>> 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
[[Page 115 STAT. 550]]
amended, the Age Discrimination in Employment Act of 1967, and the
Rehabilitation Act of 1973.
Sec. 619. None of the funds made available in this Act for the
United States Customs Service may be used to allow--
(1) 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); or
(2) 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 such
section 307, on the basis that the good, ware, article, or
merchandise may have been mined, produced, or manufactured by
forced or indentured child labor.
Sec. 620. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 621. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) <<NOTE: Religion.>> 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) <<NOTE: Lifestyle-orientation.>> is offensive to, or
designed to change, participants' personal values or lifestyle
outside the workplace.
[[Page 115 STAT. 551]]
(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, 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. 623. No part of any funds appropriated in this or any other Act
shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 624. <<NOTE: Labor organizations.>> 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. 625. 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.
[[Page 115 STAT. 552]]
Sec. 626. 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. 627. (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. 628. Notwithstanding 31 U.S.C. 1346 and section 610 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. 629. Notwithstanding 31 U.S.C. 1346 and section 610 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to the ``Policy and Operations'' account, General
Services Administration, with the approval of the Director of the Office
of Management and Budget, funds made available for fiscal year 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. 630. <<NOTE: Regulations. Child care. 40 USC 490b-1.>> (a) In
General.--Hereafter, 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
[[Page 115 STAT. 553]]
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. 631. <<NOTE: Breastfeeding.>> 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. 632. Nothwithstanding section 1346 of title 31, United States
Code, or section 610 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, <<NOTE: Reports. Deadline.>> 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. 633. 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. <<NOTE: Applicability.>>
This provision shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
Sec. 634. 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. 635. 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. 636. 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. 637. <<NOTE: 3 USC 112 note.>> 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 in law.
Sec. 638. <<NOTE: Reports.>> Each Executive agency covered by
section 630 of the Treasury and General Government Appropriations Act,
1999
[[Page 115 STAT. 554]]
(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. <<NOTE: Deadline.>> 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. 639. (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. 640. (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) <<NOTE: Effective date. 5 USC 8335 note.>> 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. 641. (a) In General.--Title 5, United States Code, is amended
by inserting after section 4507 the following:
[[Page 115 STAT. 555]]
``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.''.
(d) <<NOTE: Effective date. 5 USC 4506 note.>> The amendments made
by this section shall take effect for awards granted in 2003.
Sec. 642. 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. 643. (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) <<NOTE: Abortion.>> Nothing in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 644. The Congress of the United States recognizes the United
States Anti-Doping Agency (USADA) as the official anti-doping agency for
Olympic, Pan American, and Paralympic sport in the United States.
[[Page 115 STAT. 556]]
Sec. 645. (a) Section 1238(e)(3) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law
106-398) <<NOTE: 22 USC 7002.>> is amended by adding at the end the
following: ``The executive director and any personnel who are employees
of the United States-China Security Review Commission shall be employees
under section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.''.
(b) <<NOTE: Effective date. 22 USC 7002 note.>> The amendment made
by this section shall take effect on January 3, 2001.
Sec. 646. <<NOTE: Pay raise. 5 USC 5303 note.>> (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. 647. <<NOTE: Deadline. Reports.>> Not later than 6 months
after the date of enactment of this Act, the Inspector General of each
applicable department or agency shall submit to the Committee on
Appropriations a report detailing what policies and procedures are in
place for each department or agency to give first priority to the
location of new offices and other facilities in rural areas, as directed
by the Rural Development Act of 1972.
Sec. 648. Deadline for Submission of Annual Reports by United
States-China Security Review Commission. Section 1238(c)(1) of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by section 1 of Public Law 106-398) is amended by
striking ``March'' and inserting ``June''.
Sec. 649. Subsection (a) of section 2105 of title 44, United States
Code, is amended to read as follows:
``(a)(1) The Archivist is authorized to select, appoint, employ, and
fix the compensation of such officers and employees, pursuant to part
III of title 5, as are necessary to perform the functions of the
Archivist and the Administration.
``(2) Notwithstanding paragraph (1), the Archivist is authorized to
appoint, subject to the consultation requirements set forth in paragraph
(f)(2) of section 2203 of this title, a director at each Presidential
archival depository established under section 2112 of this title. The
Archivist may appoint a director without regard to subchapter I and
subchapter VIII of chapter 33 of title 5, United States Code, governing
appointments in the competitive service and the Senior Executive
Service. A director so appointed shall be responsible for the care and
preservation of the Presidential records and historical materials
deposited in a Presidential archival depository, shall serve at the
pleasure of the Archivist and shall perform such other functions as the
Archivist may specify.''.
Sec. 650. <<NOTE: Breast Cancer Research Stamp Act of 2001. 39 USC
101 note.>> Reauthorization of Breast Cancer Research Special Postage
Stamp. (a) Short Title.--This section may be cited as the ``Breast
Cancer Research Stamp Act of 2001''.
(b) Reauthorization and Inapplicability of Limitation.--
(1) In general.--Section 414 of title 39, United States
Code, is amended by striking subsection (g) and inserting the
following:
[[Page 115 STAT. 557]]
``(g) For purposes of section 416 (including any regulation
prescribed under subsection (e)(1)(C) of that section), the special
postage stamp issued under this section shall not apply to any
limitation relating to whether more than 1 semipostal may be offered for
sale at the same time.
``(h) <<NOTE: Termination date.>> This section shall cease to be
effective after December 31, 2003.''.
(2) <<NOTE: 39 USC 414 note.>> Effective date.--The
amendment made by this subsection shall take effect on the
earlier of--
(A) the date of enactment of this Act; or
(B) July 29, 2002.
(c) Rate of Postage.--Section 414(b) of title 39, United States
Code, is amended--
(1) in paragraph (1), by striking ``of not to exceed 25
percent'' and inserting ``of not less than 15 percent''; and
(2) by adding after the sentence following paragraph (3) the
following: ``The special rate of postage of an individual stamp
under this section shall be an amount that is evenly divisible
by 5.''.
Sec. 651. Amendment to Title 39. Section 5402(d) of title 39, United
States Code, is amended by--
(1) inserting ``(1)'' after ``(d)''; and
(2) inserting at the end the following:
``(2)(A) In the exercise of its authority under paragraph (1), the
Postal Service may require any air carrier to accept as mail shipments
of day-old poultry and such other live animals as postal regulations
allow to be transmitted as mail matter. The authority of the Postal
Service under this subparagraph shall not apply in the case of any air
carrier who commonly and regularly refuses to accept any live animals as
cargo.
``(B) Notwithstanding any other provision of law, the Postal Service
is authorized to assess, as postage to be paid by the mailers of any
shipments covered by subparagraph (A), a reasonable surcharge that the
Postal Service determines in its discretion to be adequate to compensate
air carriers for any necessary additional expense incurred in handling
such shipments.
``(C) <<NOTE: Applicability.>> The authority of the Postal Service
under subparagraph (B) shall apply during the period beginning on the
date of enactment of this paragraph, and ending June 30, 2002.''.
Sec. 652. <<NOTE: 9/11 Heroes Stamp Act of 2001. 39 USC 416 note.>>
The 9/11 Heroes Stamp of 2001. (a) Short Title.--This section may be
cited as the ``9/11 Heroes Stamp Act of 2001''.
(b) In General.--In order to afford the public a direct and tangible
way to provide assistance to the families of emergency relief personnel
killed or permanently disabled in the line of duty in connection with
the terrorist attacks against the United States on September 11, 2001,
the United States Postal Service shall issue a semipostal in accordance
with subsection (c).
(c) Requirements.--The provisions of section 416(a), (c), (d), and
(f) of title 39, United States Code, shall apply as practicable with
respect to the semipostal described in subsection (b), subject to the
following:
(1) Rate of postage.--Section 414(c) of title 39, United
States Code, is amended--
(A) in paragraph (1), by striking ``of not to exceed
25 percent'' and inserting ``of not less than 15
percent''; and
[[Page 115 STAT. 558]]
(B) by adding after the sentence following paragraph
(2) the following: ``The special rate of postage of an
individual stamp under this section shall be an amount
that is evenly divisible by 5.''.
(2) Disposition of amounts becoming available.--All amounts
becoming available from the sale of the semipostal (as
determined under such section) shall be transferred to the
Federal Emergency Management Agency under such arrangements as
the Postal Service shall by mutual agreement with such agency
establish in order to carry out the purposes of this section.
(3) Commencement and termination dates.--Stamps under this
section shall be issued--
(A) beginning on the earliest date practicable; and
(B) for such period of time as the Postal Service
considers necessary and appropriate, but in no event
after
December 31, 2004.
(d) Limitation.--For purposes of section 416 of title 39, United
States Code (including any regulation prescribed under subsection
(e)(1)(C) of that section), the semipostal postage stamp issued under
this section shall not apply to any limitation relating to whether more
than one semipostal may be offered for sale at the same time.
(e) Design.--It is the sense of the Congress that the semipostal
issued under this section should depict, by such design as the Postal
Service considers to be most appropriate, the efforts of emergency
relief personnel at the site of the World Trade Center in New York City
and the Pentagon in Arlington, Virginia.
(f) Definitions.--For purposes of this section--
(1) the term ``emergency relief personnel'' means
firefighters, law enforcement officers, paramedics, emergency
medical technicians, members of the clergy, and other
individuals (including employees of legally organized and
recognized volunteer organizations, whether compensated or not)
who, in the course of professional duties, respond to fire,
medical, hazardous material, or other similar emergencies; and
(2) the term ``semipostal'' has the meaning given such term
by section 416 of title 39, United States Code.
Sec. 653. <<NOTE: Stamp Out Domestic Violence Act of 2001. 39 USC
416 note.>> Domestic Violence Semipostal Stamp. (a) Short Title.--This
section may be cited as the ``Stamp Out Domestic Violence Act of 2001''.
(b) In General.--In order to afford the public a direct and tangible
way to contribute to funding for domestic violence programs, the United
States Postal Service shall issue a semipostal in accordance with
subsection (c).
(c) Requirements.--The provisions of section 416 of title 39, United
States Code, shall apply as practicable with respect to the semipostal
described in subsection (b), subject to the following:
(1) Disposition of amounts becoming available.--All amounts
becoming available from the sale of the semipostal (as
determined under such section) shall be transferred to the
Department of Health and Human Services under such arrangements
as the Postal Service shall by mutual agreement with such agency
establish in order to carry out the purposes of this section.
(2) Commencement and termination dates.--Stamps under this
section shall be issued--
[[Page 115 STAT. 559]]
(A) beginning on the earliest date practicable, but
not later than January 1, 2004; and
(B) for such period of time as the Postal Service
considers necessary and appropriate, but in no event
after
December 31, 2006.
(d) Limitation.--For purposes of section 416 of title 39, United
States Code (including any regulation prescribed under subsection
(e)(1)(C) of that section), the semipostal stamp issued under this
section shall not apply to any limitation relating to whether more than
one semipostal may be offered for sale at the same time.
(e) Definition.--For purposes of this section the term
``semipostal'' has the meaning given such term by section 416 of title
39, United States Code.
This Act may be cited as the ``Treasury and General Government
Appropriations Act, 2002''.
Approved November 12, 2001.
LEGISLATIVE HISTORY--H.R. 2590 (S. 1398):
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HOUSE REPORTS: Nos. 107-152 (Comm. on Appropriations) and 107-253
(Comm. of Conference).
SENATE REPORTS: No. 107-57 accompanying S. 1398 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
July 25, considered and passed House.
Sept. 19, considered and passed Senate, amended.
Oct. 31, House agreed to conference report.
Nov. 1, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Nov. 12, Presidential statement.
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