75–803

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–253

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

OCTOBER 26, 2001.—Ordered to be printed

Mr. ISTOOK, from the committee of conference, submitted the

following

CONFERENCE REPORT

[To accompany H.R. 2590]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 2590)

‘‘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’’, having met, after full and free

conference, have agreed to recommend and do recommend to their

respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted by said amendment,

insert:

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the Treasury Department,

the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending

September 30, 2002, and for other purposes, namely:

TITLE I—DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

For necessary expenses of the Departmental Offices including

operation and maintenance of the Treasury Building and Annex;

hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for,

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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, 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: Provided,

That these funds shall be transferred to accounts and in amounts

as necessary to satisfy the requirements of the Department’s offices,

bureaus, and other organizations: Provided further, That this transfer authority shall be in addition to any other transfer authority

provided in this Act: Provided further, That none of the funds appropriated shall be used to support or supplement the Internal Revenue Service appropriations for Information Systems.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as

amended, not to exceed $2,000,000 for official travel expenses, including hire of passenger motor vehicles; and not to exceed $100,000

for unforeseen emergencies of a confidential nature, to be allocated

and expended under the direction of the Inspector General of the

Treasury, $35,424,000.

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.

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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 provided in this

Act.

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement

Network, including hire of passenger motor vehicles; travel expenses

of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and financial regulation; not to exceed $14,000 for official reception and

representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $45,837,000, of

which not to exceed $3,400,000 shall remain available until September 30, 2004; and of which $7,790,000 shall remain available

until September 30, 2003: Provided, That funds appropriated in

this account may be used to procure personal services contracts.

COUNTERTERRORISM FUND

For necessary expenses, as determined by the Secretary,

$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, without regard to the general purchase price limitation) and hire of passenger

motor vehicles; for expenses for student athletic and related activities; uniforms without regard to the general purchase price limitation for the current fiscal year; the conducting of and participating

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in firearms matches and presentation of awards; for public awareness and enhancing community support of law enforcement training; not to exceed $11,500 for official reception and representation

expenses; room and board for student interns; and services as authorized by 5 U.S.C. 3109, $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 available 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 benefitting agency: Provided, That the

Center is authorized to accept and use gifts of property, both real

and personal, and to accept services, for authorized purposes, including funding of a gift of intrinsic value which shall be awarded

annually by the Director of the Center to the outstanding student

who graduated from a basic training program at the Center during

the previous fiscal year, which shall be funded only by gifts received

through the Center’s gift authority: Provided further, That notwithstanding any other provision of law, students attending training at

any Federal Law Enforcement Training Center site shall reside in

on-Center or Center-provided housing, insofar as available and in

accordance with Center policy: Provided further, That funds appropriated in this account shall be available, at the discretion of the

Director, for the following: training United States Postal Service

law enforcement personnel and Postal police officers; State and local

government law enforcement training on a space-available basis;

training of foreign law enforcement officials on a space-available

basis with reimbursement of actual costs to this appropriation, except that reimbursement may be waived by the Secretary for law enforcement training activities in foreign countries undertaken pursuant to section 801 of the Antiterrorism and Effective Death Penalty

Act of 1996, Public Law 104–32; training of private sector security

officials on a space-available basis with reimbursement of actual

costs to this appropriation; and travel expenses of non-Federal personnel to attend course development meetings and training sponsored by the Center: Provided further, That the Center is authorized

to obligate funds in anticipation of reimbursements from agencies

receiving training sponsored by the Federal Law Enforcement

Training Center, except that total obligations at the end of the fiscal

year shall not exceed total budgetary resources available at the end

of the fiscal year: Provided further, That the Federal Law Enforcement Training Center is authorized to provide training for the Gang

Resistance Education and Training program to Federal and nonFederal 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 shortterm 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 faciliVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00004 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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ties, 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.

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 personnel, 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

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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 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 exVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00006 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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pended 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.

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 inVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00007 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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vestment control review requirements established by the Office of

Management and Budget, including OMB Circular A–11, part 3; (2)

complies with the United States Customs Service’s Enterprise Information Systems Architecture; (3) complies with the acquisition

rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; (4) is reviewed and approved by the Customs Investment Review Board, the Department of

the Treasury, and the Office of Management and Budget; and (5)

is reviewed by the General Accounting Office: Provided further,

That none of the funds appropriated under this heading may be obligated for the Automated Commercial Environment until such expenditure plan has been approved by the Committees on Appropriations.

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the

United States Mint is provided funding through the United States

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services,

including both operating expenses and capital investments. The aggregate amount of new liabilities and obligations incurred during

fiscal year 2002 under such section 5136 for circulating coinage and

protective service capital investments of the United States Mint

shall not exceed $43,000,000. From amounts in the United States

Mint Public Enterprise Fund, the Secretary of the Treasury shall

pay to the Comptroller General an amount not to exceed $250,000

to reimburse the Comptroller General for the cost of a study to be

conducted by the Comptroller General on any changes necessary to

maximize public interest and acceptance and to achieve a better balance in the numbers of coins of different denominations in circulation, with particular attention to increasing the number of $1 coins

in circulation.

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues of

the United States, $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.

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INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

For necessary expenses of the Internal Revenue Service for prefiling 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.

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 reVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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view requirements established by the Office of Management and

Budget, including Circular A–11 part 3; (2) complies with the Internal Revenue Service’s enterprise architecture, including the modernization blueprint; (3) conforms with the Internal Revenue Service’s enterprise life cycle methodology; (4) is approved by the Internal Revenue Service, the Department of the Treasury, and the Office

of Management and Budget; (5) has been reviewed by the General

Accounting Office; and (6) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government.

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

SEC. 101. Not to exceed 5 percent of any appropriation made

available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon the

advance approval of the Committees on Appropriations.

SEC. 102. The Internal Revenue Service shall maintain a training program to ensure that Internal Revenue Service employees are

trained in taxpayers’ rights, in dealing courteously with the taxpayers, and in cross-cultural relations.

SEC. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality

of taxpayer information.

SEC. 104. Funds made available by this or any other Act to the

Internal Revenue Service shall be available for improved facilities

and increased manpower to provide sufficient and effective 1–800

help line service for taxpayers. The Commissioner shall continue to

make the improvement of the Internal Revenue Service 1–800 help

line service a priority and allocate resources necessary to increase

phone lines and staff to improve the Internal Revenue Service 1–800

help line service.

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service, including purchase of not to exceed 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

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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 until expended: Provided, That up to $18,000,000

provided for protective travel shall remain available until September 30, 2003.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For necessary expenses of construction, repair, alteration, and

improvement of facilities, $3,457,000, to remain available until expended.

GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

SEC. 110. Any obligation or expenditure by the Secretary of the

Treasury in connection with law enforcement activities of a Federal

agency or a Department of the Treasury law enforcement organization in accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated

balances remaining in the Fund on September 30, 2002, shall be

made in compliance with reprogramming guidelines.

SEC. 111. Appropriations to the Department of the Treasury in

this Act shall be available for uniforms or allowances therefor, as

authorized by law (5 U.S.C. 5901), including maintenance, repairs,

and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard

to the general purchase price limitations for vehicles purchased and

used overseas for the current fiscal year; entering into contracts with

the Department of State for the furnishing of health and medical

services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109.

SEC. 112. The funds provided to the Bureau of Alcohol, Tobacco

and Firearms for fiscal year 2002 in this Act for the enforcement of

the Federal Alcohol Administration Act shall be expended in a manner so as not to diminish enforcement efforts with respect to section

105 of the Federal Alcohol Administration Act.

SEC. 113. Not to exceed 2 percent of any appropriations in this

Act made available to the Federal Law Enforcement Training Center, Financial Crimes Enforcement Network, Bureau of Alcohol, Tobacco and Firearms, United States Customs Service, Interagency

Crime and Drug Enforcement, and United States Secret Service

may be transferred between such appropriations upon the advance

approval of the Committees on Appropriations. No transfer may increase or decrease any such appropriation by more than 2 percent.

SEC. 114. Not to exceed 2 percent of any appropriations in this

Act made available to the Departmental Offices, Office of Inspector

General, Treasury Inspector General for Tax Administration, FinanVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00011 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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cial Management Service, and Bureau of the Public Debt, may be

transferred between such appropriations upon the advance approval

of the Committees on Appropriations. No transfer may increase or

decrease any such appropriation by more than 2 percent.

SEC. 115. Not to exceed 2 percent of any appropriation made

available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s

appropriation upon the advance approval of the Committees on Appropriations. No transfer may increase or decrease any such appropriation by more than 2 percent.

SEC. 116. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of

the Treasury certifies that the purchase by the respective Treasury

bureau is consistent with Departmental vehicle management principles: Provided, That the Secretary may delegate this authority to

the Assistant Secretary for Management.

SEC. 117. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of

Engraving and Printing may be used to redesign the $1 Federal Reserve note.

SEC. 118. The Secretary of the Treasury may transfer funds

from ‘‘Salaries and Expenses’’, Financial Management Service, to

the Debt Services Account as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such

Salaries and Expenses account from debt collections received in the

Debt Services Account.

SEC. 119. Funds appropriated by this Act, or made available by

the transfer of funds in this Act, for intelligence and intelligence-related activities of the Department of the Treasury are deemed to be

specifically authorized by the Congress for purposes of section 504

of the National Security Act of 1947 (50 U.S.C. 414) during fiscal

year 2002 until enactment of the Intelligence Authorization Act for

fiscal year 2002.

SEC. 120. Section 122 of Public Law 105–119 (5 U.S.C. 3104

note), as amended by Public Law 105–277, is further amended in

subsection (g)(1), by striking ‘‘3 years’’ and inserting ‘‘4 years’’; and

by striking ‘‘, the United States Customs Service, and the United

States Secret Service’’.

SEC. 121. None of the funds appropriated or otherwise made

available by this or any other Act may be used by the United States

Mint to construct or operate 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.

13

This title may be cited as the ‘‘Treasury Department Appropriations Act, 2002’’.

TITLE II—POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone on

free and reduced rate mail, pursuant to subsections (c) and (d) of

section 2401 of title 39, United States Code, $76,619,000, of which

$47,619,000 shall not be available for obligation until October 1,

2002: Provided, That mail for overseas voting and mail for the

blind shall continue to be free: Provided further, That 6-day delivery and rural delivery of mail shall continue at not less than the

1983 level: Provided further, That none of the funds made available

to the Postal Service by this Act shall be used to implement any

rule, regulation, or policy of charging any officer or employee of any

State or local child support enforcement agency, or any individual

participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds

provided in this Act shall be used to consolidate or close small rural

and other small post offices in fiscal year 2002.

This title may be cited as the ‘‘Postal Service Appropriations

Act, 2002’’.

TITLE III—EXECUTIVE OFFICE OF THE PRESIDENT AND

FUNDS APPROPRIATED TO THE PRESIDENT

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, 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.

14

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 shall be

made in accordance with the provisions of this paragraph: Provided

further, That, notwithstanding any other provision of law, such

amount for reimbursable operating expenses shall be the exclusive

authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further, That

the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the

estimated cost of the event, and all such advance payments shall be

credited to this account and remain available until expended: Provided further, That the Executive Residence shall require the national committee of the political party of the President to maintain

on deposit $25,000, to be separately accounted for and available for

expenses relating to reimbursable political events sponsored by such

committee during such fiscal year: Provided further, That the Executive Residence shall ensure that a written notice of any amount

owed for a reimbursable operating expense under this paragraph is

submitted to the person owing such amount within 60 days after

such expense is incurred, and that such amount is collected within

30 days after the submission of such notice: Provided further, That

the Executive Residence shall charge interest and assess penalties

and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under section 3717 of title 31, United States Code: Provided further, That each such amount that is reimbursed, and any

accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive

Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year

covered by this Act, a report setting forth the reimbursable operating

expenses of the Executive Residence during the preceding fiscal year,

including the total amount of such expenses, the amount of such

total that consists of reimbursable official and ceremonial events,

the amount of such total that consists of reimbursable political

events, and the portion of each such amount that has been reimbursed as of the date of the report: Provided further, That the Executive Residence shall maintain a system for the tracking of expenses

related to reimbursable events within the Executive Residence that

includes a standard for the classification of any such expense as political or nonpolitical: Provided further, That no provision of this

paragraph may be construed to exempt the Executive Residence

15

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.

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 Advisers 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.

16

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council, includ- ing 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 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 approVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00016 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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priated 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, 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, That such assessment shall be submitted

no later than 120 days after enactment of this Act.

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, 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 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 TrafVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00017 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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ficking 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 the High Intensity

Drug Trafficking Areas Programs, as well as published Office of

National Drug Control Policy performance measures of effectiveness.

SPECIAL FORFEITURE FUND

(INCLUDING TRANSFER OF FUNDS)

For activities to support a national anti-drug campaign for

youth, and 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

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.

19

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal

Election Campaign Act of 1971, as amended, $43,689,000, of which

no less than $5,128,000 shall be available for internal automated

data processing systems, and of which not to exceed $5,000 shall be

available for reception and representation expenses.

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including

services authorized by 5 U.S.C. 3109, including hire of experts and

consultants, hire of passenger motor vehicles, and rental of conference rooms in the District of Columbia and elsewhere,

$26,524,000: Provided, That public members of the Federal Service

Impasses Panel may be paid travel expenses and per diem in lieu

of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation

as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to nonFederal 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 exVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00019 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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tension 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:

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 Remedi- ation, $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

21

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:

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, 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:

22

Washington, 320 First Street, Federal Building, $8,260,000

Washington, Internal Revenue Service Main Building, Phase 2, $20,391,000

Washington, Main Interior Building, $22,739,000

Washington, Main Justice Building, Phase 3, $45,974,000

Florida:

Jacksonville, Charles E. Bennett Federal Building, $23,552,000

Tallahassee, United States Courthouse, $4,894,000

Illinois:

Chicago, Federal Building, 536 South Clark Street, $60,073,000

Chicago, Harold Washington Social Security Center, $13,692,000

Chicago, John C. Kluczynski Federal Building, $12,725,000

Iowa:

Des Moines, 210 Walnut Street, Federal Building, $11,992,000

Missouri:

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

23

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 in prospectus projects: Provided further, That all funds for repairs and alterations prospectus projects shall expire on September 30, 2003,

and remain in the Federal Buildings Fund except funds for projects

as to which funds for design or other funds have been obligated in

whole or in part prior to such date: Provided further, That the

amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising

from any projects under the heading ‘‘Repairs and Alterations’’ or

used to fund authorized increases in prospectus projects; (3)

$186,427,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended; (4) $2,952,050,000 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.

24

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.

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.

25

GENERAL SERVICES ADMINISTRATION

GENERAL PROVISIONS—

SEC. 401. The appropriate appropriation or fund available to

the General Services Administration shall be credited with the cost

of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129).

SEC. 402. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.

SEC. 403. Funds in the Federal Buildings Fund made available

for fiscal year 2002 for Federal Buildings Fund activities may be

transferred between such activities only to the extent necessary to

meet program requirements: Provided, That any proposed transfers

shall be approved in advance by the Committees on Appropriations.

SEC. 404. No funds made available by this Act shall be used

to transmit a fiscal year 2003 request for United States Courthouse

construction that: (1) does not meet the design guide standards for

construction as established and approved by the General Services

Administration, the Judicial Conference of the United States, and

the Office of Management and Budget; and (2) does not reflect the

priorities of the Judicial Conference of the United States as set out

in its approved 5–year construction plan: Provided, That the fiscal

year 2003 request 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

26

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’’;

(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. 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.

27

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered

2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in

the District of Columbia and elsewhere, hire of passenger motor vehicles, and direct procurement of survey printing, $30,555,000 together with not to exceed $2,520,000 for administrative expenses to

adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the

Merit Systems Protection Board.

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY TRUST FUND

For payment to the Morris K. Udall Scholarship and Excellence

in National Environmental Policy Trust Fund, pursuant to the Morris K. Udall Scholarship and Excellence in National Environmental

and Native American Public Policy Act of 1992 (20 U.S.C. 5601 et

seq.), $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, 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 elecVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00027 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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tronic 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 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

29

Order No. 10422 of January 9, 1953, as amended; and payment of

per diem and/or subsistence allowances to employees where Voting

Rights Act activities require an employee to remain overnight at his

or her post of duty, $99,636,000, of which $3,200,000 shall remain

available until expended for the cost of the governmentwide human

resources data network project; and in addition $115,928,000 for

administrative expenses, to be transferred from the appropriate trust

funds of the Office of Personnel Management without regard to

other statutes, including direct procurement of printed materials, for

the retirement and insurance programs, of which $21,777,000 shall

remain available until expended for the cost of automating the retirement recordkeeping systems: Provided, That the provisions of

this appropriation shall not affect the authority to use applicable

trust funds as provided by sections 8348(a)(1)(B), 8909(g), and

9004(f)(1)(A) and (2)(A) of title 5, United States Code: Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of the Office of Personnel Management established pursuant to Executive Order No.

9358 of July 1, 1943, or any successor unit of like purpose: Provided

further, That the President’s Commission on White House Fellows,

established by Executive Order No. 11183 of October 3, 1964, may,

during fiscal year 2002, accept donations of money, property, and

personal services in connection with the development of a publicity

brochure to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such

Commission.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act, as amended,

including services as authorized by 5 U.S.C. 3109, hire of passenger

motor vehicles, $1,498,000; and in addition, not to exceed

$10,016,000 for administrative expenses to audit, investigate, and

provide other oversight of the Office of Personnel Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States

Code, and the Retired Federal Employees Health Benefits Act (74

Stat. 849), as amended, such sums as may be necessary.

30

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

For payment of Government contributions with respect to employees retiring after December 31, 1989, as required by chapter 87

of title 5, United States Code, such sums as may be necessary.

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be

credited to the Civil Service Retirement and Disability Fund, such

sums as may be necessary: Provided, That annuities authorized by

the Act of May 29, 1944, as amended, and the Act of August 19,

1950, as amended (33 U.S.C. 771–775), may hereafter be paid out

of the Civil Service Retirement and Disability Fund.

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office of

Special Counsel pursuant to Reorganization Plan Numbered 2 of

1978, the Civil Service Reform Act of 1978 (Public Law 95–454), the

Whistleblower Protection Act of 1989 (Public Law 101–12), Public

Law 103–424, and the Uniformed Services Employment and Reemployment Act of 1994 (Public Law 103–353), including services as

authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and

elsewhere, and hire of passenger motor vehicles; $11,891,000.

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $37,305,000: Provided,

That travel expenses of the judges shall be paid upon the written

certificate of the judge.

This title may be cited as the ‘‘Independent Agencies Appropriations Act, 2002’’.

TITLE V—GENERAL PROVISIONS

THIS ACT

SEC. 501. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 502. The expenditure of any appropriation under this Act

for any consulting service through procurement contract, pursuant

to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or

under existing Executive order issued pursuant to existing law.

SEC. 503. None of the funds made available by this Act shall

be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a

31

Government employee would result in a decision, determination,

rule, regulation, or policy that would prohibit the enforcement of

section 307 of the Tariff Act of 1930.

SEC. 504. None of the funds made available by this Act shall

be available in fiscal year 2002 for the purpose of transferring control over the Federal Law Enforcement Training Center located at

Glynco, Georgia, and Artesia, New Mexico, out of the Department of

the Treasury.

SEC. 505. No part of any appropriation contained in this Act

shall be available to pay the salary for any person filling a position,

other than a temporary position, formerly held by an employee who

has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service,

and has within 90 days after his release from such service or from

hospitalization continuing after discharge for a period of not more

than 1 year, made application for restoration to his former position

and has been certified by the Office of Personnel Management as

still qualified to perform the duties of his former position and has

not been restored thereto.

SEC. 506. No funds appropriated pursuant to this Act may be

expended by an entity unless the entity agrees that in expending the

assistance the entity will comply with sections 2 through 4 of the Act

of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy

American Act’’).

SEC. 507. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—In the case of any equipment or products that may be

authorized to be purchased with financial assistance provided

under this Act, it is the sense of the Congress that entities receiving

such assistance should, in expending the assistance, purchase only

American-made equipment and products.

(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the Secretary of the Treasury

shall provide to each recipient of the assistance a notice describing

the statement made in subsection (a) by the Congress.

SEC. 508. If it has been finally determined by a court or Federal

agency that any person intentionally affixed a label bearing a

‘‘Made in America’’ inscription, or any inscription with the same

meaning, to any product sold in or shipped to the United States

that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension,

and ineligibility procedures described in sections 9.400 through

9.409 of title 48, Code of Federal Regulations.

SEC. 509. No funds appropriated by this Act shall be available

to pay for an abortion, or the administrative expenses in connection

with any health plan under the Federal employees health benefit

program which provides any benefits or coverage for abortions.

SEC. 510. The provision of section 509 shall not apply where the

life of the mother would be endangered if the fetus were carried to

term, or the pregnancy is the result of an act of rape or incest.

SEC. 511. Except as otherwise specifically provided by law, not

to exceed 50 percent of unobligated balances remaining available at

the end of fiscal year 2002 from appropriations made available for

salaries and expenses for fiscal year 2002 in this Act, shall remain

available through September 30, 2003, for each such account for the

32

purposes authorized: Provided, That a request shall be submitted to

the Committees on Appropriations for approval prior to the expenditure of such funds: Provided further, That these requests shall be

made in compliance with reprogramming guidelines.

SEC. 512. None of the funds made available in this Act may be

used by the Executive Office of the President to request from the

Federal Bureau of Investigation any official background investigation report on any individual, except when— (1) such individual has given his or her express written

consent for such request not more than 6 months prior to the

date of such request and during the same presidential administration; or

(2) such request is required due to extraordinary circumstances involving national security.

SEC. 513. The cost accounting standards promulgated under

section 26 of the Office of Federal Procurement Policy Act (Public

Law 93–400; 41 U.S.C. 422) shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code.

SEC. 514. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area

cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on

unanticipated travel expenses imposed in an Appropriations Act)

funds made available to the Office pursuant to court approval.

SEC. 515. 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. No department, agency, or instrumentality of the

United States receiving appropriated funds under this or any other

Act for fiscal year 2002 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and

will continue to administer in good faith, a written policy designed

to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the

Controlled Substances Act) by the officers and employees of such department, agency, or instrumentality.

SEC. 603. Unless otherwise specifically provided, the maximum

amount allowable during the current fiscal year in accordance with

section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is

hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded

by not to exceed $3,700 for police-type vehicles, and by not to exceed

$4,000 for special heavy-duty vehicles: Provided further, That the

33

limits set forth in this section may not be exceeded by more than 5

percent for electric or hybrid vehicles purchased for demonstration

under the provisions of the Electric and Hybrid Vehicle Research,

Development, and Demonstration Act of 1976: Provided further,

That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant

to Public Law 101–549 over the cost of comparable conventionally

fueled vehicles.

SEC. 604. Appropriations of the executive departments and

independent establishments for the current fiscal year available for

expenses of travel, or for the expenses of the activity concerned, are

hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924.

SEC. 605. Unless otherwise specified during the current fiscal

year, no part of any appropriation contained in this or any other Act

shall be used to pay the compensation of any officer or employee of

the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the

United States) whose post of duty is in the continental United

States unless such person: (1) is a citizen of the United States; (2)

is a person in the service of the United States on the date of the enactment of this Act who, being eligible for citizenship, has filed a

declaration of intention to become a citizen of the United States

prior to such date and is actually residing in the United States; (3)

is a person who owes allegiance to the United States; (4) is an alien

from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United

States for permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975; or (6) is a national of the People’s Republic of China

who qualifies for adjustment of status pursuant to the Chinese Student Protection Act of 1992: Provided, That for the purpose of this

section, an affidavit signed by any such person shall be considered

prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further,

That any person making a false affidavit shall be guilty of a felony,

and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the

above penal clause shall be in addition to, and not in substitution

for, any other provisions of existing law: Provided further, That any

payment made to any officer or employee contrary to the provisions

of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, or

the Republic of the Philippines, or to nationals of those countries allied with the United States in a current defense effort, or to international broadcasters employed by the United States Information

Agency, or to temporary employment of translators, or to temporary

employment in the field service (not to exceed 60 days) as a result

of emergencies.

SEC. 606. Appropriations available to any department or agency

during the current fiscal year for necessary expenses, including

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space

and services and those expenses of renovation and alteration of

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formed in accordance with the Public Buildings Act of 1959 (73

Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 216),

or other applicable law.

SEC. 607. In addition to funds provided in this or any other

Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling

or waste prevention programs. Such funds shall be available until

expended for the following purposes:

(1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13101 (September 14, 1998), including any such programs adopted prior

to the effective date of the Executive order.

(2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution

prevention programs.

(3) Other employee programs as authorized by law or as

deemed appropriate by the head of the Federal agency.

SEC. 608. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations

and agencies subject to chapter 91 of title 31, United States Code,

shall be available, in addition to objects for which such funds are

otherwise available, for rent in the District of Columbia; services in

accordance with 5 U.S.C. 3109; and the objects specified under this

head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which

they are made available: Provided, That in the event any functions

budgeted as administrative expenses are subsequently transferred to

or paid from other funds, the limitations on administrative expenses

shall be correspondingly reduced.

SEC. 609. No part of any appropriation for the current fiscal

year contained in this or any other Act shall be paid to any person

for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of

said person.

SEC. 610. No part of any appropriation contained in this or any

other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees,

or similar groups (whether or not they are interagency entities)

which do not have a prior and specific statutory approval to receive

financial support from more than one agency or instrumentality.

SEC. 611. Funds made available by this or any other Act to the

Postal Service Fund (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by

the Postal Service and under the charge and control of the Postal

Service, and such guards shall have, with respect to such property,

the powers of special policemen provided by the first section of the

Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and,

as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of

General Services may take under the provisions of sections 2 and 3

of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.

318a and 318b), attaching thereto penal consequences under the auVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00034 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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thority and within the limits provided in section 4 of the Act of June

1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c).

SEC. 612. None of the funds made available pursuant to the

provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States.

SEC. 613. (a) Notwithstanding any other provision of law, and

except as otherwise provided in this section, no part of any of the

funds appropriated for fiscal year 2002, by this or any other Act,

may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code— (1) during the period from the date of expiration of the limitation imposed by section 613 of the Treasury and General

Government Appropriations Act, 2001, until the normal effective

date of the applicable wage survey adjustment that is to take

effect in fiscal year 2002, in an amount that exceeds the rate

payable for the applicable grade and step of the applicable

wage schedule in accordance with such section 613; and

(2) during the period consisting of the remainder of fiscal

year 2002, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more

than the sum of— (A) the percentage adjustment taking effect in fiscal

year 2002 under section 5303 of title 5, United States Code,

in the rates of pay under the General Schedule; and

(B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2002 under section 5304 of such title

(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in fiscal year 2001 under such section.

(b) Notwithstanding any other provision of law, no prevailing

rate employee described in subparagraph (B) or (C) of section

5342(a)(2) of title 5, United States Code, and no employee covered

by section 5348 of such title, may be paid during the periods for

which subsection (a) is in effect at a rate that exceeds the rates that

would be payable under subsection (a) were subsection (a) applicable to such employee.

(c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 2001, shall be determined

under regulations prescribed by the Office of Personnel Management.

(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed

from the rates in effect on September 30, 2001, except to the extent

determined by the Office of Personnel Management to be consistent

with the purpose of this section.

(e) This section shall apply with respect to pay for service performed after September 30, 2001.

(f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires

any deduction or contribution, or that imposes any requirement or

36

limitation on the basis of a rate of salary or basic pay, the rate of

salary or basic pay payable after the application of this section shall

be treated as the rate of salary or basic pay.

(g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate

in excess of the rate that would be payable were this section not in

effect.

(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment

or retention of qualified employees.

SEC. 614. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to

furnish or redecorate the office of such department head, agency

head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly approved by the Committees on

Appropriations. For the purposes of this section, the word ‘‘office’’

shall include the entire suite of offices assigned to the individual,

as well as any other space used primarily by the individual or the

use of which is directly controlled by the individual.

SEC. 615. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations,

to be used for the purpose of conducting Federal law enforcement

training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center

is authorized to obtain the temporary use of additional facilities by

lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.

SEC. 616. Notwithstanding section 1346 of title 31, United

States Code, or section 610 of this Act, funds made available for fiscal year 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;

37

(4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;

(5) the Bureau of Intelligence and Research of the Department of State;

(6) any agency, office, or unit of the Army, Navy, Air Force,

and Marine Corps, the Federal Bureau of Investigation and the

Drug Enforcement Administration of the Department of Justice,

the Department of Transportation, the Department of the Treasury, and the Department of Energy performing intelligence

functions; and

(7) the Director of Central Intelligence.

SEC. 618. No department, agency, or instrumentality of the

United States receiving appropriated funds under this or any other

Act for fiscal year 2002 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and

will continue to administer in good faith, a written policy designed

to ensure that all of its workplaces are free from discrimination and

sexual harassment and that all of its workplaces are not in violation of title VII of the Civil Rights Act of 1964, as amended, the Age

Discrimination in Employment Act of 1967, and the Rehabilitation

Act of 1973.

SEC. 619. 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 GovVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00037 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
38

ernment, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by

reason of any communication or contact of such other officer or

employee with any Member, committee, or subcommittee of the

Congress as described in paragraph (1).

SEC. 621. (a) None of the funds made available in this or any

other Act may be obligated or expended for any employee training

that— (1) does not meet identified needs for knowledge, skills, and

abilities bearing directly upon the performance of official duties;

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;

(3) does not require prior employee notification of the content and methods to be used in the training and written end of

course evaluation;

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission

Notice N–915.022, dated September 2, 1988; or

(5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace.

(b) Nothing in this section shall prohibit, restrict, or otherwise

preclude an agency from conducting training bearing directly upon

the performance of official duties.

SEC. 622. No funds appropriated in this or any other Act may

be used to implement or enforce the agreements in Standard Forms

312 and 4414 of the Government or any other nondisclosure policy,

form, or agreement if such policy, form, or agreement does not contain the following provisions: ‘‘These restrictions are consistent with

and do not supersede, conflict with, or otherwise alter the employee

obligations, rights, or liabilities created by Executive Order No.

12958; section 7211 of title 5, 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

39

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. 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.

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 6603(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

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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. (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 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. 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, 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

41

the funds and the amount provided. This provision shall apply to

direct payments, formula funds, and grants received by a State receiving Federal funds.

SEC. 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. 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. Each Executive agency covered by section 630 of the

Treasury and General Government Appropriations Act, 1999 (as

contained in section 101(h) of division A of Public Law 105–277)

shall submit a report 60 days after the close of fiscal year 2001 to

the Office of Personnel Management regarding its efforts to implement the intent of such section 630. The Office of Personnel Management shall prepare a summary of the information received and

shall submit the summary report to the House Committee on Appropriations 90 days after the close of fiscal year 2001.

SEC. 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

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ices 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) 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:

‘‘§ 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) 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’’.

43

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) 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 antidoping agency for Olympic, Pan American, and Paralympic sport in

the United States.

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) 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) The amendment made by this section shall take effect on

January 3, 2001.

SEC. 646. (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. Not later than six 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

44

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. 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:

‘‘(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) This section shall cease to be effective after December 31,

2003.’’. (2) 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 adeVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00044 Fmt 6659 Sfmt 6603 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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quate to compensate air carriers for any necessary additional expense incurred in handling such shipments. ‘‘(C) 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. 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

(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

46

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. 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—

(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’’.

And the Senate agree to the same.

ERNEST J. ISTOOK, Jr.,

FRANK R. WOLF,

ANNE M. NORTHUP,

JOHN E. SUNUNU,

JOHN E. PETERSON,

TODD TIAHRT,

JOHN E. SWEENEY,

DON SHERWOOD,

C.W. BILL YOUNG,

STENY H. HOYER,

CARRIE P. MEEK,

DAVID E. PRICE,

PETER J. VISCLOSKY,

STEVEN R. ROTHMAN,

47

DAVID R. OBEY, Managers on the Part of the House.

BYRON L. DORGAN,

BARBARA A. MIKULSKI,

MARY L. LANDRIEU,

JACK REED,

ROBERT C. BYRD,

BEN NIGHTHORSE CAMPBELL,

RICHARD C. SHELBY,

MIKE DEWINE,

TED STEVENS,

Managers on the Part of the Senate.

(49)

JOINT EXPLANATORY STATEMENT

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 2590), 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, submit the following joint statement to the

House and the Senate in explanation of the effect of the action

agreed upon by the managers and recommended in the accompanying conference report.

The conference agreement on the Treasury and General Government Appropriations Act, 2002, incorporates some of the language and allocations set forth in House Report 107–152 and Senate Report 107–57. The language in these reports should be complied with unless specifically addressed in the accompanying statement of managers.

Senate Amendment: The Senate deleted the entire House bill

after the enacting clause and inserted the Senate bill. The conference agreement includes a revised bill.

Throughout the accompanying explanatory statement, the

managers refer to the Committee and the Committees on Appropriations. Unless otherwise noted, in both instances, the managers

are referring to the House Subcommittee on Treasury, Postal Service, and General Government and the Senate Subcommittee on

Treasury and General Government.

In a number of instances, House Report 107–152 and Senate

Report 107–57 direct agencies to report to the Committees by specific dates that have now passed. In those instances, and unless alternative dates are provided in the accompanying explanatory

statement, agencies are directed to provide these reports to the

House and Senate Committees on Appropriations no later than

January 2, 2002.

REPROGRAMMING AND TRANSFER OF FUNDS GUIDELINES

The conference agreement includes the following reprogramming guidelines which shall be complied with by all agencies funded by the Treasury and General Government Appropriations Act,

2002:

1. Except under extraordinary and emergency situations,

the Committees on Appropriations will not consider requests

for a reprogramming or a transfer of funds, or use of unobligated balances, which are submitted after the close of the third

quarter of the fiscal year, June 30;

2. Clearly stated and detailed documentation presenting

justification for the reprogramming, transfer, or use of unobligated balances shall accompany each request;

50

3. For agencies, departments, or offices receiving appro- priations in excess of $20,000,000, a reprogramming shall be

submitted if the amount to be shifted to or from any object

class, budget activity, program line item, or program activity

involved is in excess of $500,000 or 10 percent, whichever is

greater, of the object class, budget activity, program line item,

or program activity;

4. For agencies, departments, or offices receiving appro- priations less than $20,000,000, a reprogramming shall be submitted if the amount to be shifted to or from any object class,

budget activity, program line item, or program activity involved is in excess of $50,000, or 10 percent, whichever is

greater, of the object class, budget activity, program line item,

or program activity;

5. For any action where the cumulative effect of below

threshold reprogramming actions, or past reprogramming and/

or transfer actions added to the request, would exceed the dollar threshold mentioned above, a reprogramming shall be submitted;

6. For any action which would result in a major change to

the program or item which is different than that presented to

and approved by either of the Committees, or the Congress, a

reprogramming shall be submitted;

7. For any action where funds earmarked by either of the

Committees for a specific activity are proposed to be used for

a different activity, a reprogramming shall be submitted; and

8. For any action where funds earmarked by either of the

Committees for a specific activity are in excess of the project

or activity requirement, and are proposed to be used for a different activity, a reprogramming shall be submitted.

Additionally, each request shall include a declaration that, as

of the date of the request, none of the funds included in the request

have been obligated, and none will be obligated, until the Committees on Appropriations have approved the request.

TERRORIST ACTS OF SEPTEMBER 11, 2001

The conferees condemn the terrorist attacks against the United

States on September 11, 2001, and express profound sorrow for the

victims and their families. These attacks underscore the need to

ensure that the resources necessary to keep our society safe are

available. The conferees are dedicated to ensuring that sufficient

resources are available to respond to this crisis and are committed

to working with all the agencies under the jurisdiction of this bill,

including the Office of Homeland Security, to ensure the safety of

our Nation.

TITLE I—DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

The conferees agree to provide $177,142,000 instead of $174,219,000 as proposed by the House and $187,322,000 as proposed by the Senate. The conferees have included $677,000 for nonVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00050 Fmt 6601 Sfmt 6602 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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pay inflation, an additional $763,000 for the anticipated pay adjustment, $3,356,000 for initiatives proposed by the Administration,

$1,600,000 as a grant for local law enforcement support in Hawaii,

and $2,000,000 as a grant to Florida International University for

transfer pricing research. The conferees agree with the direction

provided by the House with respect to e-learning for employees.

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $68,828,000 as proposed by the

House instead of $69,028,000 as proposed by the Senate. Within

this amount, the conferees direct that not less than $7,993,000 be

spent on the Treasury-wide Critical Infrastructure project .

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The conferees agree to provide $35,424,000 instead of

$35,508,000 as proposed by the House and $35,150,000 as proposed

by the Senate. Included in this amount are increases of $84,000 for

non-pay inflation and an additional $190,000 for the anticipated

pay adjustment. The conferees fully concur with the Senate report

language regarding the Inspector General’s mid-year alteration of

performing certain financial audits. The conferees also concur with

the Senate report language on the movement of staff resources

from performing financial audits to conducting investigations.

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

The conferees agree to provide $123,746,000 instead of

$123,474,000 as proposed by the House and $123,799,000 as proposed by the Senate. Included in this amount are increases of

$229,000 for non-pay inflation, an additional $675,000 for an anticipated pay adjustment, and $500,000 for bimonthly audits of IRS

taxpayer assistance centers.

TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION

The conferees agree to provide $28,932,000 instead of

$30,932,000 as proposed by the House and $32,932,000 as proposed

by the Senate.

EXPANDED ACCESS TO FINANCIAL SERVICES

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $2,000,000 instead of

$10,000,000 as proposed by the House and a rescission of

$8,000,000 as proposed by the Senate.

52

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

The conferees agree to provide $45,837,000 as proposed by the

House instead of $45,702,000 as proposed by the Senate.

FINCEN LEASE RENEGOTIATION

The conferees are aware that the present lease arrangement

for the Financial Crimes Enforcement Network (FinCEN) expires

in fiscal year 2003, and recognize that FinCEN has special needs

for space and facilities, both to address growing demands on its resources by customer agencies and in light of new requirements

arising after the September 11th terrorist attack. The conferees

therefore encourage FinCEN, working with the Department of the

Treasury, to ensure that its decisions on office space facilitate the

best use of FinCEN resources by joint investigations and task

forces, especially where co-location is required and enhanced building security is a necessity.

COUNTERTERRORISM FUND

The conferees agree to provide $40,000,000 for the

Counterterrorism Fund instead of $36,879,000 as proposed by the

House and $44,879,000 as proposed by the Senate. The conferees

agree that such funding is available to counter, investigate or prosecute unexpected threats or acts of terrorism, subject to prior notification of the Committees in accordance with reprogramming and

transfer guidelines.

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

The conferees agree to provide $105,680,000 instead of

$102,132,000 as proposed by the House and $106,317,000 as proposed by the Senate. Included in this amount is $3,298,000 to cover

additional training costs associated with the U.S. Secret Service rebalancing initiative and the U.S. Customs Service Northern Border

initiative, $363,000 for the anticipated pay adjustment, as well as

$1,250,000 to continue and expand the rural law enforcement education collaboration of the National Center for State and Local

Training.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

The conferees agree to provide $33,434,000 as proposed by the

Senate instead of $27,534,000 as proposed by the House.

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

The conferees agree to provide $107,576,000 as proposed by the

House instead of $106,965,000 as proposed by the Senate.

53

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

The conferees agree to provide $212,850,000 instead of

$213,211,000 as proposed by the House and $212,316,000 as proposed by the Senate. Included in this amount are increases of

$361,000 for non-pay inflation and an additional $895,000 for the

anticipated pay adjustment.

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

SALARIES AND EXPENSES

The conferees agree to provide $823,316,000 instead of

$816,816,000 as proposed by the House and $821,421,000 as proposed by the Senate. The conferees include $9,655,000 for non-pay

inflation, an additional $3,140,000 for the anticipated pay adjustment, $500,000 to improve firearms licensing and regulatory operations, $3,000,000 to expand the Integrated Violence Reduction

Strategy, and $3,500,000 to upgrade the National Tracing Center.

The conferees also provide that $13,000,000 shall remain available

until expended for grants, cooperative agreements or contracts to

local governments for the Gang Resistance Education and Training

program, as proposed by the Senate.

ATF AUTOMATION

The Bureau of Alcohol, Tobacco and Firearm’s (ATF) continued

leadership in alcohol beverage regulation is particularly important

because the 21st Amendment prohibits the transportation or importation of alcohol beverages for delivery or use within a State in

violation of the laws of such State. States have worked with ATF

to develop complementary enforcement mechanisms. For example,

alcohol beverages can be sold in most States upon submission to

the State of the ATF-issued Certificate of Label Approval. As Congress has mandated individual label review, and a government

warning on all labels, ATF’s efforts to carry out those laws are essential. However, ATF’s existing paper-intensive label approval

system creates a crushing workload, leading to employee turnover,

frustration, and delays in processing applications.

ATF officials identified funds in fiscal year 2001 to upgrade the

label approval process. The agency has also begun working with

the Financial Management Service in an effort to automate industry production reports, which are required to support tax audits

and other regulatory activities. The conferees encourage ATF to

sustain efforts to automate routine compliance measures mandated

by the Federal Alcohol Administration Act, and to implement new

initiatives in cooperation with State officials and industry members.

UNITED STATES CUSTOMS SERVICE

SALARIES AND EXPENSES

The conferees agree to provide $2,079,357,000, instead of

$2,056,604,000 as proposed by the House and $2,022,453,000 as

54

proposed by the Senate. Included in this amount are $33,476,000

for non-pay inflation and $9,247,000 for the anticipated pay adjustment; $800,000 for tobacco smuggling task forces, $1,317,000 as authorized by the African Growth and Opportunity Act, $5,000,000

for the Intellectual Property Rights Center and investigations initiative, $33,151,000 for non-intrusive inspection technology,

$28,152,000 for a Northern Border hiring initiative, $750,000 for

agricultural trade research, $250,000 for a Vermont Trade Center,

and $450,000 for screening scrap metal. The conferees direct that

not less than $1,000,000 of available funds shall be used to develop

a canine training curriculum to combat and respond to terrorist activities related to chemical and biological weapons threats.

BORDER PORTS OF ENTRY ORGANIZATION

The conferees are interested in the continuing growth in commercial and passenger traffic along the U.S. border ports of entry.

Given the events surrounding the terrorist attacks on September

11, 2001, the conferees are also concerned about the heightened security requirements at all ports of entry. Growth in traffic and concurrent security requirements demand that resources be allocated

expeditiously to secure our borders while facilitating the free flow

of trade. Therefore, the conferees are closely following the infrastructure improvements for the Southern and Northern ports identified in the U.S. Port of Entry Infrastructure Study 2000, and look

forward to the recommendations of the Border Station Partnership

Council. Given the potential infrastructure enhancements, along

with highway improvements on both sides of the border, airport

improvements, security enhancements, as well as increased

NAFTA activity, the conferees request that Customs submit a report to the Committees on Appropriations on how it plans to

change existing port or border infrastructure, including any concomitant changes in the size or organization of Customs Service

border operations.

INTELLECTUAL PROPERTY RIGHTS INITIATIVE

The conferees have agreed to provide $5,000,000 for the investigative efforts of the Intellectual Property Rights Center (IPR Center) to combat cyberpiracy and counterfeiting, such as software

counterfeiting, as proposed in the Senate bill. The conference

agreement assumes that this funding will be used for the hiring

and strategic placement of additional Customs Special Agents in

domestic and overseas offices to enhance enforcement of U.S. intellectual property laws, as well as to support and enhance the operation of the IPR Center to combat intellectual property rights violations. The conferees direct the Customs Service to notify the Committees on Appropriations on its spending plan prior to obligating

these funds, and also to provide a status report on the initiative

to the Committees not later than July 31, 2002.

HARBOR MAINTENANCE FEE COLLECTION

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $3,000,000 as proposed by the

Senate, instead of $2,993,000 as proposed by the House.

55

OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND MARINE

INTERDICTION PROGRAMS

The conferees agree to provide $177,860,000 instead of

$181,860,000 as proposed by the House and $172,637,000 as proposed by the Senate. This amount includes funding for non-pay inflation; $7,000,000 for the Training Standardization Branch;

$4,200,000 for electro-optical and infrared imaging systems; and

$2,938,000 for additional marine interceptor craft and safety equipment.

AUTOMATION MODERNIZATION

The conferees agree to provide $427,832,000 as proposed by the

House instead of $357,832,000 as proposed by the Senate.

AUTOMATED COMMERCIAL ENVIRONMENT

The conferees strongly believe that continued oversight of the

Automated Commercial Environment (ACE) program by GAO and

Treasury is critical to successful adherence to the ACE expenditure

plan. Periodic review of investment increments allows for oversight

of the capital planning and architecture development, and is consistent with best practices. The conferees direct that regular quarterly reports continue to be provided until ACE becomes functional.

Additionally, the conferees direct Customs to submit requests

for release of funds, including a cost-benefit analysis, in a timely

manner, but in no case less than 30 days before the anticipated

need for the funds.

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

The conferees agree to include new bill language establishing

a spending level for capital investments by the U.S. Mint for circulating coinage and protective services of $43,000,000. The conferees

also agree to include a requirement that the United States Mint

Public Enterprise Fund pay $250,000 for a study by the General

Accounting Office on public interest and acceptance of circulating

coinage.

The conferees recognize the initial steps the Director has taken

to investigate and remedy many of the ongoing problems and concerns raised by the House and Senate Appropriations Committees.

The conferees are aware of the challenges facing the U.S. Mint and

look forward to a close working relationship with its new Director.

The conferees are concerned with the direction of the marketing campaigns that the U.S. Mint is using to promote the Golden Dollar coin and the circulating commemorative quarters authorized under P.L. 105–124. The conferees are also concerned with the

lack of information regarding the nature and extent to which the

Golden Dollar coin is being used in commerce as contained within

the report, Report to Congress on the Marketing of the Golden Dollar, submitted to the Congress by the U.S. Mint. The conferees are

especially concerned with the lack of consultation by the Mint with

the Congress on these promotional efforts. Therefore, the U.S. Mint

shall not draw funds from the United States Mint Public EnterVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00055 Fmt 6601 Sfmt 6602 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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prise Fund to further promote the Golden Dollar coin or the circulating commemorative quarters until the Director submits and the

Committees on Appropriations approve a marketing plan for such

promotional efforts. This requirement shall not be construed to

limit the sales or marketing of either of these coins for sale directly

to the public through the U.S. Mint’s traditional numismatic sales

channels.

The conferees remain concerned with the amount of travel outside the continental United States that is being conducted by the

U.S. Mint. Therefore, the conferees direct the U.S. Mint not to

draw funds from the United States Mint Public Enterprise Fund

for travel outside the continental United States without specific approval of the Director of the Mint. The Director shall submit a report on the cost of such travel occurring during fiscal year 2002 to

the Committees on Appropriations no later than October 31, 2002.

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

The conferees agree to provide $186,953,000 instead of

$187,927,000 as proposed by the House and $187,318,000 as proposed by the Senate. Included in this amount are increases of

$974,000 for non-pay inflation and an additional $609,000 for the

anticipated pay adjustment. Within these funds, the conferees have

provided sufficient amounts to pay for administrative services by

the Bureau of the Public Debt in association with the South Dakota

Trust Fund and the Cheyenne River Sioux Tribe Terrestrial Wildlife Restoration and Lower Brule Sioux Tribe Terrestrial Restoration Trust Fund, as authorized by sections 603(f) and 604(f) of Public Law 106–53.

INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

The conferees agree to provide $3,797,890,000 instead of

$3,808,434,000 as proposed by the House and $3,786,347,000 as

proposed by the Senate. Included in this amount are increases of

$12,543,000 for non-pay inflation, $1,000,000 for low-income taxpayer clinics, and $1,000,000 for volunteer income tax assistance.

TAX LAW ENFORCEMENT

The conferees agree to provide $3,538,347,000 as proposed by

the House instead of $3,535,198,000 as proposed by the Senate.

EARNED INCOME TAX CREDIT COMPLIANCE INITIATIVE

The conferees agree to provide $146,000,000 as proposed by the

House and the Senate.

INFORMATION SYSTEMS

The conferees agree to provide $1,563,249,000 as proposed by the Senate instead of $1,573,065,000 as proposed by the House.

The conferees are concerned about the degree to which development-related investments funded in this account are coordinated

57

and integrated with the information technology improvements

funded in the business systems modernization account. The conferees further believe that the development-related activities funded under this account should be managed with careful diligence

and appropriate centralized control.

BUSINESS SYSTEMS MODERNIZATION

The conferees agree to provide $391,593,000 as proposed by the

House instead of $419,593,000 as proposed by the Senate.

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

Section 101. The conferees agree to continue a provision which

allows the transfer of 5 percent of any appropriation made available to the IRS to any other IRS appropriation subject to Congressional approval.

Section 102. The conferees agree to continue a provision which

requires the IRS to maintain a training program in taxpayers’

rights, dealing courteously with taxpayers, and cross-cultural relations.

Section 103. The conferees agree to continue a provision which

requires the IRS to institute and enforce policies and practices that

will safeguard the confidentially of taxpayer information.

Section 104. The conferees agree to continue a provision with

respect to the IRS 1–800 help line service.

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

The conferees agree to provide $920,615,000 instead of

$920,112,000 as proposed by the House and $899,615,000 as proposed by the Senate. This includes the costs of non-pay inflation

and the anticipated pay adjustment. The conferees also provide

$1,633,000 for forensic support to the National Center for Missing

and Exploited Children (NCMEC), and $3,009,000 for grants to

NCMEC.

ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND RELATED

EXPENSES

The conferees agree to provide $3,457,000 as proposed by the

House instead of $3,352,000 as proposed by the Senate.

GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

Section 110. The conferees agree to continue a provision that

requires the Secretary of the Treasury to comply with certain reprogramming guidelines when obligating or expending funds for

law enforcement activities.

Section 111. The conferees agree to continue a provision that

allows the Department of the Treasury to purchase uniforms, insurance, and motor vehicles without regard to the general purchase

price limitation, and enter into contracts with the Department of

State for health and medical services for Treasury employees in

overseas locations.

58

Section 112. The conferees agree to continue a provision that

requires the expenditure of funds so as not to diminish efforts

under section 105 of the Federal Alcohol Administration Act.

Section 113. The conferees agree to continue a provision that

authorizes transfers, up to 2 percent, between law enforcement appropriations under certain circumstances.

Section 114. The conferees agree to continue a provision that

authorizes the transfer, up to 2 percent, between the Departmental

Offices, Office of Inspector General, Treasury Inspector General for

Tax Administration, Financial Management Service, and Bureau of

Public Debt appropriations under certain circumstances.

Section 115. The conferees agree to continue a provision that

authorizes transfer, up to 2 percent, between the Internal Revenue

Service and the Treasury Inspector General for Tax Administration

under certain circumstances.

Section 116. The conferees agree to continue a provision regarding the purchase of law enforcement vehicles.

Section 117. The conferees agree to continue a provision proposed by the House that prohibits the Department of the Treasury

and the Bureau of Engraving and Printing from redesigning the $1

Federal Reserve Note.

Section 118. The conferees agree to continue a provision that

provides for transfer from and reimbursements to the Salaries and

Expenses appropriation of the Financial Management Service for

the purposes of debt collection.

Section 119. The conferees agree to include a new provision authorizing the transfer of funds for intelligence and intelligence-related activities.

Section 120. The conferees agree to include a new provision

that extends the pilot project for designated critical occupations for

one additional year.

Section 121. The conferees agree to include a new provision as

proposed by the Senate that requires the approval of the authorizing committees for the construction and operation of any museum

by the U.S. Mint.

Section 122. The conferees agree to include a new provision as

proposed by the Senate limiting the use of funds for the production

of Customs declarations that do not inquire whether the passenger

had been in the proximity of livestock.

Section 123. The conferees agree to include a new provision

that authorizes the Secretary of the Treasury to transfer, upon the

advance approval of the Committees on Appropriation, a total of up

to $3,000,000 to the U.S. Customs Service and the Financial Management Service for the purposes of financial audits.

TITLE II—POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

The conferees agree to provide $143,712,000, as proposed by

the House and Senate. Of this amount $47,619,000 is provided as

an advance appropriation for free mail to the blind and overseas

voters, as proposed by the House. The conferees include an additional $29,000,000 for prior year reimbursement shortfalls, as proposed by the House and Senate. Additional funds of $67,093,000 reVerDate 11-MAY-2000 02:23 Oct 27, 2001 Jkt 075803 PO 00000 Frm 00058 Fmt 6601 Sfmt 6602 E:\HR\OC\HR253.XXX pfrm04 PsN: HR253
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flect the advance appropriation provided in the fiscal year 2001 appropriations bill.

MAIL SORTING PRACTICES IN HAWAII

The conferees are aware that Hawaii has only one mail sorting

station, on the island of Oahu. Standard practice dictates that mail

sent within Hawaii be sent to Oahu for sorting and delivery, even

mail sent within a given island. In light of the disruption of the

Nation’s air transportation and mail delivery system caused by the

recent terrorist attacks, the conferees urge the Postal Service to develop a procedure by which mail that originates on the same island

to which it is addressed can be kept and sorted on that island. The

conferees agree that the Postal Service should examine the feasibility of implementing procedures that take into account Hawaii’s

unique geography.

POSTAL SERVICE AUTHORITIES

The conferees direct both the United States Postal Service and

the Postal Rate Commission to independently report, 90 days after

enactment of this Act, on the scope of existing authority of the US

Postal Service, under title 39, United States Code, and title 39,

Code of Federal Regulations, to introduce and provide new products

and services (including the introduction and provision of new products and services on an experimental or market test basis) and to

enter into negotiated service agreements with individual customers

or groups of customers. Such reports shall include background on

the use of such authority within the past 24 months and shall be

provided to the Committees on Appropriations, the Senate Committee on Governmental Affairs, and the House Committee on Government Reform.

SEMI-POSTAL STAMPS

The conferees have included and modified a Senate provision

reauthorizing the Breast Cancer Research Special Postage Stamp,

included and modified a Senate provision authorizing the 9/11 Heroes Stamp Act of 2001, and included a new provision authorizing

the Stamp Out Domestic Violence Act of 2001. The conferees agree

that each of these causes are in the national public interest and are

appropriate at this time. The conferees expect that any future candidates for semi-postal stamps will be selected by the Postal Service through the congressionally-authorized process.

TITLE III—EXECUTIVE OFFICE OF THE PRESIDENT AND

FUNDS APPROPRIATED TO THE PRESIDENT

COMPENSATION OF THE PRESIDENT AND THE WHITE HOUSE OFFICE

SALARIES AND EXPENSES

The conferees agree to provide $54,651,000 as proposed by the

House instead of $54,165,000 as proposed by the Senate.

60

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

The conferees agree to provide $11,695,000 as proposed by the

House instead of $11,914,000 as proposed by the Senate.

WHITE HOUSE REPAIR AND RESTORATION

The conferees agree to provide $8,625,000 as proposed by the

House and Senate for 9 separate construction projects. For each

project in excess of $100,000, with the exception of computer upgrades and software development, and prior to the obligation of

funds, the conferees direct the National Park Service to submit to

the Committees on Appropriations a prospectus that includes, at

minimum, a complete description of the project’s scope and design,

major work items to be completed, estimated total obligations by

activity (construction cost, design and review cost, management

and inspection), estimated construction schedules including start

and completion dates for both design and construction, and estimated construction cost by major work item.

SPECIAL ASSISTANCE TO THE PRESIDENT AND OFFICIAL RESIDENCE

OF THE VICE PRESIDENT

SALARIES AND EXPENSES

The conferees agree to provide $3,925,000 as proposed by the

House instead of $3,896,000 as proposed by the Senate.

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $318,000 as proposed by the

House instead of $314,000 as proposed by the Senate.

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

The conferees agree to provide $4,211,000 as proposed by the

House instead of $4,192,000 as proposed by the Senate.

OFFICE OF POLICY DEVELOPMENT

SALARIES AND EXPENSES

The conferees agree to provide $4,142,000 as proposed by the

House instead of $4,119,000 as proposed by the Senate.

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

The conferees agree to provide $7,494,000 as proposed by the

House instead of $7,447,000 as proposed by the Senate.

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OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

The conferees agree to provide $46,955,000 as proposed by the

House instead of $46,032,000 as proposed by the Senate. The conferees agree to include bill language withholding a portion of the

funds appropriated for the Capital Investment Plan pending the

submission of a report, as proposed by the House.

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

The conferees agree to provide $70,752,000 as proposed by the

House instead of $70,519,000 as proposed by the Senate. The conferees modify a provision proposed by the House related to a cost

and benefit assessment of Executive Order 13166 and agree to delete a provision related to subsidy estimates of certain loans.

SBA LOAN PROGRAMS

The conferees are concerned that since the enactment of the

Federal Credit Reform Act of 1990, the subsidy rate for the Small

Business Administration’s 7(a) and 504 loan programs has been reestimated downwards, and that borrowers and lenders in both programs have been paying higher than necessary fees to participate

in the programs. This is a direct result of the fact that the subsidy

rate model developed to determine a program’s subsidy rate uses

default assumptions that do not reflect recent program performance of either the 7(a) program or the 504 program, or the legislative and administrative changes made to these programs in the

1990’s. The conferees also note that although the Administration

reports it has begun to update the 7(a) program’s subsidy rate

model, which is welcome, no written verification has been given

that they have begun to address the 504 program’s subsidy rate

calculation issue.

Finally, the conferees understand that the Small Business Administration has submitted to the Office of Management and Budget for review new subsidy rate estimates for inclusion in the President’s budget submission for FY 2003. The conferees direct that,

within 30 days after enactment of this act, the Office of Management and Budget and the Small Business Administration submit

a progress report to the House and Senate Committees on Small

Business, the Committees on Appropriations, and the Committees

on the Budget on this subject.

INTERNATIONAL FOOD ASSISTANCE

The House bill contained a provision based upon concerns of

the proper role for the Office of Management and Budget in the administration of international food assistance programs. In lieu of

the House bill language, the conferees direct the Office of Management and Budget to work closely with USDA and AID, as well as

other appropriate Federal departments and agencies, with the expectations that agencies will work together to standardize eligibility standards and deadlines for aid; define program goals with

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measurable standards of performance; ensure that performance is

appropriately measured and evaluated; and fully utilize all Federal

expertise to ensure that the best possible assistance is being provided to the private voluntary organizations operating the programs. The Office of Management and Budget is also expected to

keep the Committees on Appropriations fully apprised of on-going

action with respect to this multi-agency effort.

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $25,263,000 instead of

$25,267,000 as proposed by the House and $25,096,000 as proposed

by the Senate. This includes $167,000 for non-pay inflation.

COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $42,300,000 instead of

$42,000,000 as proposed by the Senate and $40,000,000 as proposed by the House. Of this funding, $20,064,000 is for the basic

research and development program and $22,236,000 is for continuation of the technology transfer program.

The conferees include $2,000,000 to provide neuroimaging technology to an institution that can conduct substance abuse research

and train Native American physicians in substance abuse research

as described in the Senate report, and $300,000 to support research

into the relationship between genetic factors leading to conditions

such as Alzheimer’s Disease and environmental factors, particularly substance abuse.

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $226,350,000 as proposed by the

Senate instead of $233,882,000 as proposed by the House. The conferees fully fund the Administration’s request, and include an additional $20,000,000 to increase funding for or expand existing High

Intensity Drug Trafficking Areas (HIDTAs), or to fund newly designated HIDTAs. The conferees provide that existing HIDTAs shall

be funded at no less than fiscal year 2001 levels unless the Office

of National Drug Control Policy (ONDCP) Director submits to the

Committees, and the Committees approve, justification for changes

in those levels based on clearly articulated priorities for the HIDTA

program, as well as published ONDCP performance measures of effectiveness. Similarly, while the conferees provide additional funding that may be used for newly designated HIDTAs, they direct

that no funds may be obligated for such purposes until similar justification is provided to the Committees for approval.

The ability to evaluate effectiveness of individual HIDTAs, and

to match funding needs against budgets, depends on reliable and

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consistent methodology for performance measurement and management. This is particularly important given the key role HIDTAs

play in bringing together many divergent counterdrug agencies and

crosscutting programs—which also exacerbates the problem of isolating the impact of HIDTAs. The conferees direct that the HIDTA

program shall employ the performance measurement methodology

and data collection identified by the HIDTA Performance Management Working Group in 1999. These would emphasize three main

areas: increasing compliance with HIDTA developmental standards; dismantling or disabling at least 5 percent of targeted drug

trafficking organizations; and reducing specific types of violent

crime. The conferees support, and include funding for, ONDCP validation and verification of HIDTA management and performance,

including the use of on-site reviews and external financial evaluations.

As ONDCP reviews proposals for the increased HIDTA funding

provided, the conferees direct it to consider the following: increases

for Central Florida, Rocky Mountain, Midwest (for Missouri, Iowa

and North Dakota), Chicago, Southwest Border (for Arizona, New

Mexico and West Texas), Southeast Michigan, Appalachian, Lake

County, Gulf Coast, Hawaii, Philadelphia/Camden, Oregon, and

Milwaukee HIDTAs; and funding for expansion of HIDTAs in

North Texas (to Oklahoma counties), and the Northwest (to counties in southwest and eastern Washington); and possible designation of Arkansas and North Carolina, which have sought designation in recent years.

SPECIAL FORFEITURE FUND

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $239,400,000 instead of

$238,600,000 as proposed by the House and $249,400,000 as proposed by the Senate. This includes $180,000,000 for the National

Youth Anti-Drug Media Campaign, of which $5,000,000 shall be

spent on purchasing advertising time and space specifically targeted at combating the drug Ecstasy. It also includes $50,600,000

for the Drug-Free Communities Act program, $4,800,000 for the

U.S. Anti-Doping Agency, $1,000,000 for the National Drug Courts

Institute, and $3,000,000 for the Counterdrug Intelligence Executive Secretariat.

DRUG-FREE COMMUNITIES ACT EVALUATION

The conferees recognize the importance of evaluating performance of the Drug-Free Communities Program, and expect that

ONDCP will utilize up to $750,000 of total funding provided for

this purpose. The conferees direct ONDCP to work with the authorizing committees of jurisdiction to ensure authorization for such

funding is included in forthcoming ONDCP reauthorization legislation.

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TITLE IV—INDEPENDENT AGENCIES

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

The conferees agree to provide $4,629,000 as proposed by the

House instead of $4,498,000 as proposed by the Senate.

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

The conferees agree to provide $43,689,000 as proposed by the

House instead of $43,993,000 as proposed by the Senate.

ELECTION ADMINISTRATION REFORM

The conferees support efforts to achieve election administration

reform and are aware of several legislative initiatives currently

being considered in both the Senate and the House. The conferees

support bipartisan efforts to produce legislation that assists State

and local governments while respecting their primacy in the conduct of elections. The conferees will consider appropriations for

election administration reform when such reform measures become

authorized.

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

The conferees agree to provide $26,524,000 as proposed by the

House instead of $26,378,000 as proposed by the Senate.

GENERAL SERVICES ADMINISTRATION

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $6,100,382,000 in new

obligational authority instead of $6,072,138,000 as proposed by the

House and $6,217,350,000 as proposed by the Senate. The conferees directly appropriate $8,000,000 into the Fund to cover a portion of the new obligational needs of the Fund.

CONSTRUCTION AND ACQUISITION

The conferees agree to provide $386,280,000 instead of

$348,816,000 as proposed by the House and $477,544,000 as proposed by the Senate.

ORLANDO, FLORIDA, COURTHOUSE

The conferees agree to provide $4,000,000 for additional design

of the Orlando, Florida, courthouse. These additional design funds,

subject to House and Senate authorization, are being provided to

ensure that the new Orlando courthouse will meet the security,

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community, and space needs of the judiciary. Subject to the required authorizations, the conferees expect the General Services

Administration (GSA) to move forward with obligation of these

funds and incorporation of the GSA and judiciary agreed upon design elements.

PORT OF ENTRY INFRASTRUCTURE

The conferees strongly concur with the port of entry infrastructure language contained in Senate Report 107–57. The conferees

agree that GSA, in conjunction with the Office of Management and

Budget, the Customs Service and the Immigration and Naturalization Service, should develop a multi-year plan to address the growing facilities construction backlog, starting with the fiscal year

2003 budget submission.

REPAIRS AND ALTERATIONS

The conferees agree to provide $826,676,000, the level proposed

by the House instead of $844,880,000 as proposed by the Senate.

RENTAL OF SPACE

The conferees agree to provide $2,952,050,000 instead of

$2,959,550,000 as proposed by the House and the Senate.

BUILDING OPERATIONS

The conferees agree to provide $1,748,949,000 as proposed by

the Senate instead of $1,750,669,000 as proposed by the House.

Within this amount the conferees direct that GSA conduct a study

of hurricane vulnerabilities and risk mitigation strategies, including perforated metal technology applications, for Federal buildings

in the southeastern United States as proposed by the House. Also

within this amount the conferees direct that GSA provide

$1,000,000 for an automated external defibrillator pilot program in

buildings within its jurisdiction in accordance with guidelines developed in partnership with the Department of Health and Human

Services as proposed by the Senate. The conferees further direct

GSA to submit a report to the Committees on Appropriations no

later than June 1, 2002, on the steps it has taken to meet the goals

of the pilot program as expressed in Senate Report 107–57.

POLICY AND OPERATIONS

The conferees agree to provide $143,139,000 instead of

$137,947,000 as proposed by the House and $145,749,000 as proposed by the Senate. The conferees have included $9,982,000 for

the Federal computer incident response capability, $3,822,000 for

activities associated with the Lorton complex, $8,582,000 for activities associated with Governor’s Island, $758,000 for non-pay inflation, an additional $432,000 for the anticipated pay adjustment,

$250,000 for the virtual archive storage terminal, $1,000,000 for

digital learning technologies, $750,000 for the government services

rural outreach initiative, $1,700,000 for a grant to the Oklahoma

Centennial Commission, and $1,750,000 for a one-time grant to the

Dwight D. Eisenhower Memorial Commission.

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OFFICE OF INSPECTOR GENERAL

The conferees agree to provide $36,346,000 instead of

$36,478,000 as proposed by the House and $36,025,000 as proposed

by the Senate. Included in this amount are increases of $133,000

for non-pay inflation and an additional $188,000 for the anticipated

pay adjustment.

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $5,000,000 as proposed by the

House and the Senate. The conferees support, in general, the purpose of the fund and recommend the Administration work with the

House Committee on Government Reform and the Senate Committee on Governmental Affairs to clarify the status of its authorization. The conferees encourage the use of these funds for interagency electronic government projects for which matching funds

are provided. The conferees are aware of interagency groups, such

as the Chief Information Officer Council chaired by the Office of

Management and Budget, that have wide experience and expertise

in electronic government and information technology and suggest

that these groups could make key contributions in the review and

selection of projects.

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $3,196,000 as proposed by the

House instead of $3,376,000 as proposed by the Senate.

GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION

Section 401. The conferees agree to continue a provision that

provides that accounts available to GSA shall be credited with certain funds received from government corporations.

Section 402. The conferees agree to continue a provision that

provides that funds available to GSA shall be available for the hire

of passenger motor vehicles.

Section 403. The conferees agree to continue a provision that

authorizes GSA to transfer funds within the Federal Buildings

Fund to meet program requirements subject to approval by the

Committees on Appropriations.

Section 404. The conferees agree to continue a provision that

prohibits the use of funds to submit a fiscal year 2003 budget request for courthouse construction projects that does not meet design guide criteria, does not reflect the priorities of the Judicial

Conference of the United States, and is not accompanied by a

standardized courtroom utilization study.

Section 405. The conferees agree to continue a provision that

provides that no funds may be used to increase the amount of occupiable square feet or provide cleaning services, security enhancements, or any other service usually provided to any agency which

does not pay the requested rental rates.

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Section 406. The conferees agree to continue a provision that

provides that funds provided by the Information Technology Fund

for pilot information technology projects may be repaid to the

Fund.

Section 407. The conferees agree to continue a provision that

permits GSA to pay claims of up to $250,000 arising from construction projects and the acquisition of buildings.

Section 408. The conferees agree to include a new provision requiring GSA to increase its fiscal year 2002 expenditures for purchasing alternative fuel vehicles by $5,000,000 above its fiscal year

2001 expenditures, as proposed by the House.

Section 409. The conferees agree to include a new provision directing GSA to maintain the vehicle rates and per mile rates

charged for buses leased by schools and dormitories funded by the

Bureau of Indian Affairs, as proposed by the Senate.

Section 410. The conferees agree to include a new provision

naming a Federal building and courthouse in Minot, North Dakota,

as proposed by the Senate.

Section 411. The conferees agree to include a new provision

modifying section 410 of Appendix C of Public Law 106–554 concerning the construction of a road in New Mexico, as proposed by

the Senate.

Section 412. The conferees agree to include and modify a new

provision proposed by the Senate to transfer property in Orlando,

Florida.

Section 413. The conferees agree to include a new provision

naming a Federal building in Anderson, South Carolina, as proposed by the Senate.

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $30,555,000 as proposed by the

House instead of $30,375,000 as proposed by the Senate.

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY TRUST FUND

The conferees agree to provide $1,996,000 as proposed by the

Senate instead of $2,500,000 as proposed by the House.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

The conferees agree to provide $244,247,000 as proposed by the

House and by the Senate. The conferees agree with the direction

provided by the House.

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REPAIRS AND RESTORATION

The conferees agree to provide $39,143,000 instead of

$24,643,000 as proposed by the House and $41,143,000 as proposed

by the Senate. Included in this amount is $28,500,000 for a new

Southeast Regional archives facility.

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

The conferees agree to provide $6,436,000 as proposed by the

Senate instead of $10,000,000 as proposed by the House. The conferees are aware of a grant application being made by Jefferson

Parish, Louisiana, regarding historical documents and urge that

this application be given due consideration.

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

The conferees agree to provide $10,117,000 as proposed by the

House instead of $10,060,000 as proposed by the Senate.

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

The conferees agree to provide $99,636,000 as proposed by the

House instead of $99,036,000 as proposed by the Senate.

FEDERAL WAGE GRADE SYSTEM FOR BUREAU OF PRISONS

The conferees are concerned that the wage surveys utilized in

determining the cost of labor for Federal wage grade positions are

inadequate with respect to Bureau of Prisons employees. Wage

grade employees in the Bureau of Prisons are often in ‘‘mixed jobs’’

that have no private sector equivalent. These employees are hired

for one primary skill, but they also are trained as security officers

and perform security functions in conjunction with their other duties. The conferees direct the Office of Personal Management to review and report to the Committees on Appropriations on how the

current survey instrument quantifies the cost of labor with respect

to mixed wage grade jobs at the Bureau of Prisons. The report

should include a comparison of the average wage rates for employees at each Federal prison facility, a review of any differences in

how the surveys are conducted in different wage areas, and a set

of recommendations for determining how to quantify the cost of

labor in a given wage area if there are no private sector

comparables. The report is due no later than 90 days after the date

of enactment of this Act.

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OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

The conferees agree to provide $1,498,000 as proposed by the

House instead of $1,398,000 as proposed by the Senate.

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

The conferees agree to provide $11,891,000 as proposed by the

House instead of $11,784,000 as proposed by the Senate.

UNITED STATES TAX COURT

SALARIES AND EXPENSES

The conferees agree to provide $37,305,000 as proposed by the

Senate instead of $37,809,000 as proposed by the House.

TITLE V—GENERAL PROVISIONS

THIS ACT

Section 501. The conferees agree to continue the provision limiting the expenditure of funds to the current year unless expressly

provided in this Act.

Section 502. The conferees agree to continue the provision limiting the expenditure of funds for consulting services under certain

conditions.

Section 503. The conferees agree to continue the provision prohibiting the use of funds to engage in activities that would prohibit

the enforcement of section 307 of the 1930 Tariff Act.

Section 504. The conferees agree to continue the provision prohibiting the transfer of control over the Federal Law Enforcement

Training Center out of the Department of the Treasury.

Section 505. The conferees agree to continue the provision concerning employment rights of Federal employees who return to

their civilian jobs after assignment with the Armed Forces.

Section 506. The conferees agree to continue the provision that

requires compliance with the Buy American Act.

Section 507. The conferees agree to continue the provision concerning prohibition of contracts that use certain goods not made in

America.

Section 508. The conferees agree to continue the provision prohibiting contract eligibility where fraudulent intent has been proven in affixing ‘‘Made in America’’ labels.

Section 509. The conferees agree to continue the provision prohibiting the expenditure of funds for abortions under the FEHBP,

as proposed by the House.

Section 510. The conferees agree to continue the provision that

would authorize the expenditure of funds for abortions under the

FEHBP if the life of the mother is in danger or the pregnancy is

a result of an act of rape or incest, as proposed by the House.

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Section 511. The conferees agree to continue the provision providing that fifty percent of unobligated balances may remain available for certain purposes.

Section 512. The conferees agree to continue the provision restricting the use of funds for the White House to request official

background reports without the written consent of the individual

who is the subject of the report.

Section 513. The conferees agree to continue the provision that

cost accounting standards under the Federal Procurement Policy

Act shall not apply to the FEHBP.

Section 514. The conferees agree to continue a provision regarding non-foreign area cost of living adjustments.

Section 515. The conferees agree to include a new provision

prohibiting the use of funds to any person or entity convicted of

violating the Buy American Act, as proposed by the House.

TITLE VI—GENERAL PROVISIONS

DEPARTMENTS, AGENCIES, AND CORPORATIONS

Section 601. The conferees agree to continue the provision authorizing agencies to pay costs of travel to the United States for the

immediate families of Federal employees assigned to foreign duty

in the event of a death or a life threatening illness of the employee.

Section 602. The conferees agree to continue the provision requiring agencies to administer a policy designed to ensure that all

of its workplaces are free from the illegal use of controlled substances.

Section 603. The conferees agree to continue the provision regarding price limitations on vehicles to be purchased by the Federal Government.

Section 604. The conferees agree to continue the provision allowing funds made available to agencies for travel to also be used

for quarters allowances and cost-of-living allowances.

Section 605. The conferees agree to continue the provision prohibiting the Federal Government, with certain specified exceptions,

from employing non-U.S. citizens whose posts of duty would be in

the continental United States.

Section 606. The conferees agree to continue the provision ensuring that agencies will have authority to pay GSA bills for space

renovation and other services.

Section 607. The conferees agree to continue the provision allowing agencies to finance the costs of recycling and waste prevention programs with proceeds from the sale of materials recovered

through such programs.

Section 608. The conferees agree to continue the provision providing that funds may be used by certain groups to pay rent and

other service costs in the District of Columbia.

Section 609. The conferees agree to continue the provision prohibiting the use of funds to pay the salary of any nominee after the

Senate voted not to approve the nomination.

Section 610. The conferees agree to continue the provision precluding the financing of groups by more than one Federal agency

absent prior and specific statutory approval.

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Section 611. The conferees agree to continue the provision authorizing the Postal Service to employ guards and give them the

same special police powers as GSA guards.

Section 612. The conferees agree to continue the provision prohibiting the use of funds for enforcing regulations disapproved in

accordance with the applicable law of the United States.

Section 613. The conferees agree to continue the provision limiting the pay increases of certain prevailing rate employees.

Section 614. The conferees agree to continue the provision limiting the amount of funds that can be used for redecoration of offices under certain circumstances.

Section 615. The conferees agree to continue the provision prohibiting the expenditure of funds for the acquisition of additional

law enforcement training facilities.

Section 616. The conferees agree to continue the provision to

allow for interagency funding of national security and emergency

telecommunications initiatives.

Section 617. The conferees agree to continue the provision requiring agencies to certify that a Schedule C appointment was not

created solely or primarily to detail the employee to the White

House.

Section 618. The conferees agree to continue the provision requiring agencies to administer a policy designed to ensure that all

of its workplaces are free from discrimination and sexual harassment.

Section 619. The conferees agree to modify and continue the

provision prohibiting the importation of any goods manufactured by

forced or indentured child labor.

Section 620. The conferees agree to continue the provision prohibiting the payment of the salary of any employee who prohibits,

threatens or prevents another employee from communicating with

Congress.

Section 621. The conferees agree to continue the provision prohibiting Federal training not directly related to the performance of

official duties.

Section 622. The conferees agree to continue the provision prohibiting the expenditure of funds for implementation of agreements

in nondisclosure policies unless certain provisions are included.

Section 623. The conferees agree to continue the provision prohibiting use of appropriated funds for publicity or propaganda designed to support or defeat legislation pending in Congress.

Section 624. The conferees agree to continue the provision prohibiting any Federal agency from disclosing an employee’s home

address to any labor organization, absent employee authorization

or court order.

Section 625. The conferees agree to continue the provision prohibiting funds to be used to provide non-public information such as

mailing or telephone lists to any person or organization outside the

Federal Government without the approval of the Committees on

Appropriations.

Section 626. The conferees agree to continue the provision prohibiting the use of funds for propaganda and publicity purposes not

authorized by Congress.

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Section 627. The conferees agree to continue the provision directing agency employees to use official time in an honest effort to

perform official duties.

Section 628. The conferees agree to continue the provision authorizing the use of funds to finance an appropriate share of the

Joint Financial Management Improvement Program.

Section 629. The conferees agree to continue the provision authorizing agencies to transfer funds to the Policy and Operations

account of GSA to finance an appropriate share of the Joint Financial Management Improvement Program.

Section 630. The conferees agree to continue and make permanent the provision authorizing agencies to provide childcare in Federal facilities.

Section 631. The conferees agree to continue the provision authorizing breastfeeding at any location in a Federal building or on

Federal property.

Section 632. The conferees agree to continue the provision that

permits interagency funding of the National Science and Technology Council and provides for a report on the budget and resources of the National Science and Technology Council.

Section 633. The conferees agree to continue the provision requiring that any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall indicate the agency providing the funds and the amount provided. This provision shall

apply to direct payments, formula funds, and grants received by a

State receiving Federal funds.

Section 634. The conferees agree to include a new provision to

extend the authorization for franchise fund pilots for one year, as

proposed by the House and Senate.

Section 635. The conferees agree to include a new provision to

clarify that the Department of the Navy will provide and pay for

utilities for the official residence of the Vice President without reimbursement, as proposed by the House and Senate.

Section 636. The conferees agree to include a new provision authorizing the Secretary of the Navy to accept gifts of consumable

items, or funds for them, to be accepted for use at official functions

at the Vice President’s residence, including the hosting of foreign

dignitaries, as proposed by the House and Senate.

Section 637. The conferees agree to include a new provision

clarifying that certain title 5 authorities are available with respect

to civilian personnel of the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Council, and the Office of Administration, as proposed by the House and Senate.

Section 638. The conferees agree to include a new provision requiring the Office of Personnel Management to submit a report regarding telecommuting centers, as proposed by the House.

Section 639. The conferees agree to continue and modify a provision prohibiting the use of funds to monitor personal information

relating to the use of Federal internet sites; the conferees apply

this provision government-wide.

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Section 640. The conferees agree to include a new provision

amending title 5 to clarify retirement benefits for air traffic controllers, as proposed by the House.

Section 641. The conferees agree to include and modify a new

provision as proposed by the House and Senate amending title 5

that would make Federal employees in service technical positions

eligible for Presidential rank awards.

Section 642. The conferees agree to include a new provision extending authority for the Federal Election Commission to assess

administrative fines for straightforward violations of reporting

deadlines from December 31, 2001 to December 31, 2003, as proposed by the House.

Section 643. The conferees agree to continue, with a technical

modification, the provision addressing contraceptive coverage in

health plans participating in the FEHBP.

Section 644. The conferees agree to include a new provision

clarifying that the U.S. Anti-Doping Agency is the official antidoping agency for Olympic games, as proposed by the Senate.

Section 645. The conferees agree to include a new provision

clarifying the status of certain employees of the United StatesChina Security Review Commission, as proposed by the Senate.

Section 646. The conferees agree to continue and modify a provision regarding pay for Federal employees.

Section 647. The conferees agree to include a new provision directing departments and agencies to comply with the Rural Development Act of 1972, as proposed by the Senate.

Section 648. The conferees agree to include and modify a new

provision extending the deadline for the submission of annual reports by the United States-China Security Review Commission, as

proposed by the Senate.

Section 649. The conferees agree to include a new provision allowing the National Archives to establish SES positions at Presidential Libraries.

Section 650. The conferees agree to include and modify a new

provision extending authorization of the ‘‘Breast Cancer Research

Stamp’’, as proposed by the Senate.

Section 651. The conferees agree to include and modify a new

provision regarding the transportation of day-old poultry, as proposed by the Senate.

Section 652. The conferees agree to include and modify a new

provision authorizing the ‘‘9/11 Heroes Stamp’’, as proposed by the

Senate.

Section 653. The conferees agree to include a new provision authorizing the ‘‘Stamp Out Domestic Violence’’ Stamp.

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year

2002 recommended by the Committee of Conference, with comparisons to the fiscal year 2001 amount, the 2002 budget estimates,

and the House and Senate bills for 2002 follow:

[In thousands of dollars]

New budget (obligational) authority, fiscal year 2001 ........................ $30,574,722

Budget estimates of new (obligational) authority, fiscal year 2002 32,035,351

House bill, fiscal year 2002 ................................................................... 32,464,769

74

Senate bill, fiscal year 2002 .................................................................. 32,363,450

Conference agreement, fiscal year 2002 .............................................. 32,493,069

Conference agreement compared with:

New budget (obligational) authority, fiscal year 2001 ................ +1,918,347

Budget estimates of new (obligational) authority, fiscal year

2002 .............................................................................................. +457,718

House bill, fiscal year 2002 ............................................................ +28,300

Senate bill, fiscal year 2002 ........................................................... +129,619

ERNEST J. ISTOOK, Jr.,

FRANK R. WOLF, ANNE M. NORTHUP, JOHN E. SUNUNU, JOHN E. PETERSON, TODD TIAHRT, JOHN E. SWEENEY, DON SHERWOOD,

C.W. BILL YOUNG,

STENY H. HOYER,

CARRIE P. MEEK,

DAVID E. PRICE,

PETER J. VISCLOSKY,

STEVEN R. ROTHMAN,

DAVID R. OBEY,

Managers on the Part of the House.

BYRON L. DORGAN,

BARBARA A. MIKULSKI,

MARY L. LANDRIEU,

JACK REED,

ROBERT C. BYRD,

BEN NIGHTHORSE CAMPBELL,

RICHARD C. SHELBY,

MIKE DEWINE,

TED STEVENS, Managers on the Part of the Senate.

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