II

Calendar No. 146

107TH CONGRESS

1ST SESSION S. 1398

[Report No. 107–57]

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.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 4, 2001

Mr. DORGAN, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Treasury Department, the United States Postal Service,
2

S 1398 PCS

1 the Executive Office of the President, and certain Inde2 pendent Agencies, for the fiscal year ending September 30,

3 2002, and for other purposes, namely:

4 TITLE I—DEPARTMENT OF THE TREASURY

5 DEPARTMENTAL OFFICES

6 SALARIES AND EXPENSES

7 For necessary expenses of the Departmental Offices

8 including operation and maintenance of the Treasury

9 Building and Annex; hire of passenger motor vehicles;

10 maintenance, repairs, and improvements of, and purchase

11 of commercial insurance policies for, real properties leased

12 or owned overseas, when necessary for the performance

13 of official business; not to exceed $3,500,000 for official

14 travel expenses; not to exceed $3,813,000, to remain avail15 able until expended for information technology moderniza16 tion requirements; not to exceed $150,000 for official re17 ception and representation expenses; not to exceed

18 $258,000 for unforeseen emergencies of a confidential na19 ture, to be allocated and expended under the direction of

20 the Secretary of the Treasury and to be accounted for

21 solely on his certificate, $187,322,000: Provided, That the

22 Office of Foreign Assets Control shall be funded at no less

23 than $19,732,000: Provided further, That of these

24 amounts $2,900,000 is available for grants to State and
3

S 1398 PCS

1 local law enforcement groups to help fight money laun2 dering.

3 DEPARTMENT-WIDE SYSTEMS AND CAPITAL

4 INVESTMENTS PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For development and acquisition of automatic data

7 processing equipment, software, and services for the De8 partment of the Treasury, $69,028,000, to remain avail9 able until expended: Provided, That these funds shall be

10 transferred to accounts and in amounts as necessary to

11 satisfy the requirements of the Department’s offices, bu12 reaus, and other organizations: Provided further, That this

13 transfer authority shall be in addition to any other trans14 fer authority provided in this Act: Provided further, That

15 none of the funds appropriated shall be used to support

16 or supplement the Internal Revenue Service appropria17 tions for Information Systems.

18 OFFICE OF INSPECTOR GENERAL

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Inspector

21 General in carrying out the provisions of the Inspector

22 General Act of 1978, as amended, not to exceed

23 $2,000,000 for official travel expenses, including hire of

24 passenger motor vehicles; and not to exceed $100,000 for

25 unforeseen emergencies of a confidential nature, to be allo-
4

S 1398 PCS

1 cated and expended under the direction of the Inspector

2 General of the Treasury, $35,150,000.

3 TREASURY INSPECTOR GENERAL FOR TAX

4 ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Treasury Inspector

7 General for Tax Administration in carrying out the In8 spector General Act of 1978, as amended, including pur9 chase (not to exceed 150 for replacement only for police10 type use) and hire of passenger motor vehicles (31 U.S.C.

11 1343(b)); services authorized by 5 U.S.C. 3109, at such

12 rates as may be determined by the Inspector General for

13 Tax Administration; not to exceed $6,000,000 for official

14 travel expenses; and not to exceed $500,000 for unfore15 seen emergencies of a confidential nature, to be allocated

16 and expended under the direction of the Inspector General

17 for Tax Administration, $123,799,000.

18 TREASURY BUILDING AND ANNEX REPAIR AND

19 RESTORATION

20 For the repair, alteration, and improvement of the

21 Treasury Building and Annex, $32,932,000, to remain

22 available until expended.
5

S 1398 PCS

1 EXPANDED ACCESS TO FINANCIAL SERVICES

2 (RESCISSION)

3 Of the funds appropriated under this heading in the

4 Department of Transportation and Related Agencies Ap5 propriations Act, 2001 (as enacted into law by Public Law

6 106–346), $8,000,000 are rescinded effective September

7 30, 2001.

8 FINANCIAL CRIMES ENFORCEMENT NETWORK

9 SALARIES AND EXPENSES

10 For necessary expenses of the Financial Crimes En11 forcement Network, including hire of passenger motor ve12 hicles; travel expenses of non-Federal law enforcement

13 personnel to attend meetings concerned with financial in14 telligence activities, law enforcement, and financial regula15 tion; not to exceed $14,000 for official reception and rep16 resentation expenses; and for assistance to Federal law en17 forcement agencies, with or without reimbursement,

18 $45,702,000, of which not to exceed $3,400,000 shall re19 main available until September 30, 2004; and of which

20 $7,790,000 shall remain available until September 30,

21 2003: Provided, That funds appropriated in this account

22 may be used to procure personal services contracts.

23 COUNTERTERRORISM FUND

24 For necessary expenses, as determined by the Sec25 retary, $44,879,000, to remain available until expended,
6

S 1398 PCS

1 to reimburse any Department of the Treasury organiza2 tion for the costs of providing support to counter, inves3 tigate, or prosecute terrorism, including payment of re4 wards in connection with these activities: Provided, That

5 any amount provided under this heading shall be available

6 only after the advance approval of the Committees on Ap7 propriations.

8 FEDERAL LAW ENFORCEMENT TRAINING CENTER

9 SALARIES AND EXPENSES

10 For necessary expenses of the Federal Law Enforce11 ment Training Center, as a bureau of the Department of

12 the Treasury, including materials and support costs of

13 Federal law enforcement basic training; purchase (not to

14 exceed 52 for police-type use, without regard to the gen15 eral purchase price limitation) and hire of passenger

16 motor vehicles; for expenses for student athletic and re17 lated activities; uniforms without regard to the general

18 purchase price limitation for the current fiscal year; the

19 conducting of and participating in firearms matches and

20 presentation of awards; for public awareness and enhanc21 ing community support of law enforcement training; not

22 to exceed $11,500 for official reception and representation

23 expenses; room and board for student interns; and services

24 as authorized by 5 U.S.C. 3109, $106,317,000, of which

25 $650,000 shall be available for an interagency effort to
7

S 1398 PCS

1 establish written standards on accreditation of Federal law

2 enforcement training; and of which up to $17,166,000 for

3 materials and support costs of Federal law enforcement

4 basic training shall remain available until September 30,

5 2004: Provided, That the Center is authorized to accept

6 and use gifts of property, both real and personal, and to

7 accept services, for authorized purposes, including funding

8 of a gift of intrinsic value which shall be awarded annually

9 by the Director of the Center to the outstanding student

10 who graduated from a basic training program at the Cen11 ter during the previous fiscal year, which shall be funded

12 only by gifts received through the Center’s gift authority:

13 Provided further, That notwithstanding any other provi14 sion of law, students attending training at any Federal

15 Law Enforcement Training Center site shall reside in on16 Center or Center-provided housing, insofar as available

17 and in accordance with Center policy: Provided further,

18 That funds appropriated in this account shall be available,

19 at the discretion of the Director, for the following: training

20 United States Postal Service law enforcement personnel

21 and Postal police officers; State and local government law

22 enforcement training on a space-available basis; training

23 of foreign law enforcement officials on a space-available

24 basis with reimbursement of actual costs to this appropria25 tion, except that reimbursement may be waived by the Sec-
8

S 1398 PCS

1 retary for law enforcement training activities in foreign

2 countries undertaken pursuant to section 801 of the

3 Antiterrorism and Effective Death Penalty Act of 1996,

4 Public Law 104–32; training of private sector security of5 ficials on a space-available basis with reimbursement of

6 actual costs to this appropriation; and travel expenses of

7 non-Federal personnel to attend course development meet8 ings and training sponsored by the Center: Provided fur9 ther, That the Center is authorized to obligate funds in

10 anticipation of reimbursements from agencies receiving

11 training sponsored by the Federal Law Enforcement

12 Training Center, except that total obligations at the end

13 of the fiscal year shall not exceed total budgetary re14 sources available at the end of the fiscal year: Provided

15 further, That the Federal Law Enforcement Training Cen16 ter is authorized to provide training for the Gang Resist17 ance Education and Training program to Federal and

18 non-Federal personnel at any facility in partnership with

19 the Bureau of Alcohol, Tobacco and Firearms: Provided

20 further, That the Federal Law Enforcement Training Cen21 ter is authorized to provide short-term medical services for

22 students undergoing training at the Center.

23 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

24 RELATED EXPENSES

25 For expansion of the Federal Law Enforcement

26 Training Center, for acquisition of necessary additional
9

S 1398 PCS

1 real property and facilities, and for ongoing maintenance,

2 facility improvements, and related expenses, $33,434,000,

3 to remain available until expended.

4 INTERAGENCY LAW ENFORCEMENT

5 INTERAGENCY CRIME AND DRUG ENFORCEMENT

6 For expenses necessary to conduct investigations and

7 convict offenders involved in organized crime drug traf8 ficking, including cooperative efforts with State and local

9 law enforcement, as it relates to the Treasury Department

10 law enforcement violations such as money laundering, vio11 lent crime, and smuggling, $106,965,000, of which

12 $7,827,000 shall remain available until expended.

13 FINANCIAL MANAGEMENT SERVICE

14 SALARIES AND EXPENSES

15 For necessary expenses of the Financial Management

16 Service, $212,316,000, of which not to exceed $9,220,000

17 shall remain available until September 30, 2004, for infor18 mation systems modernization initiatives; and of which not

19 to exceed $2,500 shall be available for official reception

20 and representation expenses.

21 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

22 SALARIES AND EXPENSES

23 For necessary expenses of the Bureau of Alcohol, To24 bacco and Firearms, including purchase of not to exceed

25 812 vehicles for police-type use, of which 650 shall be for
10

S 1398 PCS

1 replacement only, and hire of passenger motor vehicles;

2 hire of aircraft; services of expert witnesses at such rates

3 as may be determined by the Director; for payment of per

4 diem and/or subsistence allowances to employees where a

5 major investigative assignment requires an employee to

6 work 16 hours or more per day or to remain overnight

7 at his or her post of duty; not to exceed $20,000 for offi8 cial reception and representation expenses; for training of

9 State and local law enforcement agencies with or without

10 reimbursement, including training in connection with the

11 training and acquisition of canines for explosives and fire

12 accelerants detection; not to exceed $50,000 for coopera13 tive research and development programs for Laboratory

14 Services and Fire Research Center activities; and provi15 sion of laboratory assistance to State and local agencies,

16 with or without reimbursement, $821,421,000, of which

17 $3,500,000 shall be available for retrofitting and upgrades

18 of the National Tracing Center Facility in Martinsburg,

19 West Virginia; of which not to exceed $1,000,000 shall

20 be available for the payment of attorneys’ fees as provided

21 by 18 U.S.C. 924(d)(2); of which up to $2,000,000 shall

22 be available for the equipping of any vessel, vehicle, equip23 ment, or aircraft available for official use by a State or

24 local law enforcement agency if the conveyance will be

25 used in joint law enforcement operations with the Bureau
11

S 1398 PCS

1 of Alcohol, Tobacco and Firearms and for the payment

2 of overtime salaries including Social Security and Medi3 care, travel, fuel, training, equipment, supplies, and other

4 similar costs of State and local law enforcement personnel,

5 including sworn officers and support personnel, that are

6 incurred in joint operations with the Bureau of Alcohol,

7 Tobacco and Firearms, and of which $16,000,000, to re8 main available until expended, shall be available for dis9 bursements through grants, cooperative agreements or

10 contracts to local governments for Gang Resistance Edu11 cation and Training: Provided, That no funds made avail12 able by this or any other Act may be used to transfer the

13 functions, missions, or activities of the Bureau of Alcohol,

14 Tobacco and Firearms to other agencies or Departments

15 in fiscal year 2002: Provided further, That no funds appro16 priated herein shall be available for salaries or administra17 tive expenses in connection with consolidating or central18 izing, within the Department of the Treasury, the records,

19 or any portion thereof, of acquisition and disposition of

20 firearms maintained by Federal firearms licensees: Pro21 vided further, That no funds appropriated herein shall be

22 used to pay administrative expenses or the compensation

23 of any officer or employee of the United States to imple24 ment an amendment or amendments to 27 CFR 178.118

25 or to change the definition of ‘‘Curios or relics’’ in 27 CFR
12

S 1398 PCS

1 178.11 or remove any item from ATF Publication

2 5300.11 as it existed on January 1, 1994: Provided fur3 ther, That none of the funds appropriated herein shall be

4 available to investigate or act upon applications for relief

5 from Federal firearms disabilities under 18 U.S.C. 925(c):

6 Provided further, That such funds shall be available to in7 vestigate and act upon applications filed by corporations

8 for relief from Federal firearms disabilities under 18

9 U.S.C. 925(c): Provided further, That no funds under this

10 Act may be used to electronically retrieve information

11 gathered pursuant to 18 U.S.C. 923(g)(4) by name or any

12 personal identification code.

13 UNITED STATES CUSTOMS SERVICE

14 SALARIES AND EXPENSES

15 For necessary expenses of the United States Customs

16 Service, including purchase and lease of up to 1,050 motor

17 vehicles of which 550 are for replacement only and of

18 which 1,030 are for police-type use and commercial oper19 ations; hire of motor vehicles; contracting with individuals

20 for personal services abroad; not to exceed $40,000 for

21 official reception and representation expenses; and awards

22 of compensation to informers, as authorized by any Act

23 enforced by the United States Customs Service,

24 $2,022,453,000, of which such sums as become available

25 in the Customs User Fee Account, except sums subject
13

S 1398 PCS

1 to section 13031(f)(3) of the Consolidated Omnibus Budg2 et Reconciliation Act of 1985, as amended (19 U.S.C.

3 58c(f)(3)), shall be derived from that Account; of the total,

4 not to exceed $150,000 shall be available for payment for

5 rental space in connection with preclearance operations;

6 not to exceed $4,000,000 shall be available until expended

7 for research; of which not less than $100,000 shall be

8 available to promote public awareness of the child pornog9 raphy tipline; of which not less than $200,000 shall be

10 available for Project Alert; not to exceed $5,000,000 shall

11 be available until expended for conducting special oper12 ations pursuant to 19 U.S.C. 2081; not to exceed

13 $8,000,000 shall be available until expended for the pro14 curement of automation infrastructure items, including

15 hardware, software, and installation; and not to exceed

16 $5,000,000 shall be available until expended for repairs

17 to Customs facilities: Provided, That uniforms may be

18 purchased without regard to the general purchase price

19 limitation for the current fiscal year: Provided further,

20 That notwithstanding any other provision of law, the fiscal

21 year aggregate overtime limitation prescribed in sub22 section 5(c)(1) of the Act of February 13, 1911 (19

23 U.S.C. 261 and 267) shall be $30,000.
14

S 1398 PCS

1 HARBOR MAINTENANCE FEE COLLECTION

2 (INCLUDING TRANSFER OF FUNDS)

3 For administrative expenses related to the collection

4 of the Harbor Maintenance Fee, pursuant to Public Law

5 103–182, $3,000,000, to be derived from the Harbor

6 Maintenance Trust Fund and to be transferred to and

7 merged with the Customs ‘‘Salaries and Expenses’’ ac8 count for such purposes.

9 OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND

10 MARINE INTERDICTION PROGRAMS

11 For expenses, not otherwise provided for, necessary

12 for the operation and maintenance of marine vessels, air13 craft, and other related equipment of the Air and Marine

14 Programs, including operational training and mission-re15 lated travel, and rental payments for facilities occupied by

16 the air or marine interdiction and demand reduction pro17 grams, the operations of which include the following: the

18 interdiction of narcotics and other goods; the provision of

19 support to Customs and other Federal, State, and local

20 agencies in the enforcement or administration of laws en21 forced by the Customs Service; and, at the discretion of

22 the Commissioner of Customs, the provision of assistance

23 to Federal, State, and local agencies in other law enforce24 ment and emergency humanitarian efforts, $172,637,000,

25 which shall remain available until expended: Provided,

26 That no aircraft or other related equipment, with the ex-
15

S 1398 PCS

1 ception of aircraft which is one of a kind and has been

2 identified as excess to Customs requirements and aircraft

3 which has been damaged beyond repair, shall be trans4 ferred to any other Federal agency, department, or office

5 outside of the Department of the Treasury, during fiscal

6 year 2002 without the prior approval of the Committee

7 on Appropriations.

8 AUTOMATION MODERNIZATION

9 For expenses not otherwise provided for Customs

10 automated systems, $357,832,000, to remain available

11 until expended, of which $5,400,000 shall be for the Inter12 national Trade Data System, and not less than

13 $230,000,000 shall be for the development of the Auto14 mated Commercial Environment: Provided, That none of

15 the funds appropriated under this heading may be obli16 gated for the Automated Commercial Environment until

17 the United States Customs Service prepares and submits

18 to the Committee on Appropriations a plan for expendi19 ture that: (1) meets the capital planning and investment

20 control review requirements established by the Office of

21 Management and Budget, including OMB Circular A–11,

22 part 3; (2) complies with the United States Customs Serv23 ice’s Enterprise Information Systems Architecture; (3)

24 complies with the acquisition rules, requirements, guide25 lines, and systems acquisition management practices of

26 the Federal Government; (4) is reviewed and approved by
16

S 1398 PCS

1 the Customs Investment Review Board, the Department

2 of the Treasury, and the Office of Management and Budg3 et; and (5) is reviewed by the General Accounting Office:

4 Provided further, That none of the funds appropriated

5 under this heading may be obligated for the Automated

6 Commercial Environment until that expenditure plan has

7 been approved by the Committee on Appropriations.

8 BUREAU OF THE PUBLIC DEBT

9 ADMINISTERING THE PUBLIC DEBT

10 For necessary expenses connected with any public11 debt issues of the United States, $191,718,000, of which

12 not to exceed $15,000 shall be available for official recep13 tion and representation expenses, and of which not to ex14 ceed $2,000,000 shall remain available until expended for

15 systems modernization: Provided, That the sum appro16 priated herein from the General Fund for fiscal year 2002

17 shall be reduced by not more than $4,400,000 as definitive

18 security issue fees and Treasury Direct Investor Account

19 Maintenance fees are collected, so as to result in a final

20 fiscal year 2002 appropriation from the General Fund es21 timated at $187,318,000. In addition, $40,000, to be de22 rived from the Oil Spill Liability Trust Fund to reimburse

23 the Bureau for administrative and personnel expenses for

24 financial management of the Fund, as authorized by sec25 tion 1012 of Public Law 101–380; and in addition, to be
17

S 1398 PCS

1 appropriated from the General Fund, such sums as may

2 be necessary for administrative expenses in association

3 with the South Dakota Trust Fund and the Cheyenne

4 River Sioux Tribe Terrestrial Wildlife Restoration and

5 Lower Brule Sioux Tribe Terrestrial Restoration Trust

6 Fund, as authorized by sections 603(f) and 604(f) of Pub7 lic Law 106–53.

8 INTERNAL REVENUE SERVICE

9 PROCESSING, ASSISTANCE, AND MANAGEMENT

10 For necessary expenses of the Internal Revenue Serv11 ice for pre-filing taxpayer assistance and education, filing

12 and account services, shared services support, general

13 management and administration; and services as author14 ized by 5 U.S.C. 3109, at such rates as may be determined

15 by the Commissioner, $3,786,347,000, of which up to

16 $3,950,000 shall be for the Tax Counseling for the Elderly

17 Program, of which $8,000,000 shall be available for low18 income taxpayer clinic grants, and of which not to exceed

19 $25,000 shall be for official reception and representation

20 expenses.

21 TAX LAW ENFORCEMENT

22 For necessary expenses of the Internal Revenue Serv23 ice for determining and establishing tax liabilities; pro24 viding litigation support; conducting criminal investigation

25 and enforcement activities; securing unfiled tax returns;

26 collecting unpaid accounts; conducting a document match-
18

S 1398 PCS

1 ing program; resolving taxpayer problems through prompt

2 identification, referral and settlement; compiling statistics

3 of income and conducting compliance research; purchase

4 (for police-type use, not to exceed 850) and hire of pas5 senger motor vehicles (31 U.S.C. 1343(b)); and services

6 as authorized by 5 U.S.C. 3109, at such rates as may be

7 determined by the Commissioner, $3,535,198,000, of

8 which not to exceed $1,000,000 shall remain available

9 until September 30, 2004, for research.

10 EARNED INCOME TAX CREDIT COMPLIANCE INITIATIVE

11 For funding essential earned income tax credit com12 pliance and error reduction initiatives pursuant to section

13 5702 of the Balanced Budget Act of 1997 (Public Law

14 105–33), $146,000,000, of which not to exceed

15 $10,000,000 may be used to reimburse the Social Security

16 Administration for the costs of implementing section 1090

17 of the Taxpayer Relief Act of 1997.

18 INFORMATION SYSTEMS

19 For necessary expenses of the Internal Revenue Serv20 ice for information systems and telecommunications sup21 port, including developmental information systems and

22 operational information systems; the hire of passenger

23 motor vehicles (31 U.S.C. 1343(b)); and services as au24 thorized by 5 U.S.C. 3109, at such rates as may be deter25 mined by the Commissioner, $1,563,249,000 which shall

26 remain available until September 30, 2003.
19

S 1398 PCS

1 BUSINESS SYSTEMS MODERNIZATION

2 For necessary expenses of the Internal Revenue Serv3 ice, $419,593,000, to remain available until September 30,

4 2004, for the capital asset acquisition of information tech5 nology systems, including management and related con6 tractual costs of said acquisitions, including contractual

7 costs associated with operations authorized by 5 U.S.C.

8 3109: Provided, That none of these funds may be obli9 gated until the Internal Revenue Service submits to the

10 Committees on Appropriations, and such Committees ap11 prove, a plan for expenditure that (1) meets the capital

12 planning and investment control review requirements es13 tablished by the Office of Management and Budget, in14 cluding Circular A–11, part 34; (2) complies with the In15 ternal Revenue Service’s enterprise architecture, including

16 the modernization blueprint; (3) conforms with the Inter17 nal Revenue Service’s enterprise life cycle methodology;

18 (4) is approved by the Internal Revenue Service, the De19 partment of the Treasury, and the Office of Management

20 and Budget; (5) has been reviewed by the General Ac21 counting Office; and (6) complies with the acquisition

22 rules, requirements, guidelines, and systems acquisition

23 management practices of the Federal Government.
20

S 1398 PCS

1 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

2 SERVICE

3 SEC. 101. Not to exceed 5 percent of any appropria4 tion made available in this Act to the Internal Revenue

5 Service may be transferred to any other Internal Revenue

6 Service appropriation upon the advance approval of the

7 Committees on Appropriations.

8 SEC. 102. The Internal Revenue Service shall main9 tain a training program to ensure that Internal Revenue

10 Service employees are trained in taxpayers’ rights, in deal11 ing courteously with the taxpayers, and in cross-cultural

12 relations.

13 SEC. 103. The Internal Revenue Service shall insti14 tute and enforce policies and procedures that will safe15 guard the confidentiality of taxpayer information.

16 SEC. 104. Funds made available by this or any other

17 Act to the Internal Revenue Service shall be available for

18 improved facilities and increased manpower to provide suf19 ficient and effective 1–800 help line service for taxpayers.

20 The Commissioner shall continue to make the improve21 ment of the Internal Revenue Service 1–800 help line serv22 ice a priority and allocate resources necessary to increase

23 phone lines and staff to improve the Internal Revenue

24 Service 1–800 help line service.
21

S 1398 PCS

1 UNITED STATES SECRET SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret

4 Service, including purchase of not to exceed 745 vehicles

5 for police-type use, of which 541 shall be for replacement

6 only, and hire of passenger motor vehicles; purchase of

7 American-made side-car compatible motorcycles; hire of

8 aircraft; training and assistance requested by State and

9 local governments, which may be provided without reim10 bursement; services of expert witnesses at such rates as

11 may be determined by the Director; rental of buildings in

12 the District of Columbia, and fencing, lighting, guard

13 booths, and other facilities on private or other property

14 not in Government ownership or control, as may be nec15 essary to perform protective functions; for payment of per

16 diem and/or subsistence allowances to employees where a

17 protective assignment during the actual day or days of the

18 visit of a protectee require an employee to work 16 hours

19 per day or to remain overnight at his or her post of duty;

20 the conducting of and participating in firearms matches;

21 presentation of awards; for travel of Secret Service em22 ployees on protective missions without regard to the limi23 tations on such expenditures in this or any other Act if

24 approval is obtained in advance from the Committees on

25 Appropriations; for research and development; for making
22

S 1398 PCS

1 grants to conduct behavioral research in support of protec2 tive research and operations; not to exceed $25,000 for

3 official reception and representation expenses; not to ex4 ceed $100,000 to provide technical assistance and equip5 ment to foreign law enforcement organizations in counter6 feit investigations; for payment in advance for commercial

7 accommodations as may be necessary to perform protec8 tive functions; and for uniforms without regard to the gen9 eral purchase price limitation for the current fiscal year,

10 $899,615,000, of which $1,633,000 shall be available for

11 forensic and related support of investigations of missing

12 and exploited children, and of which $2,554,000 shall be

13 available as a grant for activities related to the investiga14 tions of exploited children and shall remain available until

15 expended: Provided, That up to $18,000,000 provided for

16 protective travel shall remain available until September

17 30, 2003.

18 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

19 RELATED EXPENSES

20 For necessary expenses of construction, repair, alter21 ation, and improvement of facilities, $3,352,000, to re22 main available until expended.

23 GENERAL PROVISIONS—DEPARTMENT OF THE

24 TREASURY

25 SEC. 110. Any obligation or expenditure by the Sec26 retary of the Treasury in connection with law enforcement
23

S 1398 PCS

1 activities of a Federal agency or a Department of the

2 Treasury law enforcement organization in accordance with

3 31 U.S.C. 9703(g)(4)(B) from unobligated balances re4 maining in the Fund on September 30, 2002, shall be

5 made in compliance with reprogramming guidelines.

6 SEC. 111. Appropriations to the Department of the

7 Treasury in this Act shall be available for uniforms or al8 lowances therefor, as authorized by law (5 U.S.C. 5901),

9 including maintenance, repairs, and cleaning; purchase of

10 insurance for official motor vehicles operated in foreign

11 countries; purchase of motor vehicles without regard to the

12 general purchase price limitations for vehicles purchased

13 and used overseas for the current fiscal year; entering into

14 contracts with the Department of State for the furnishing

15 of health and medical services to employees and their de16 pendents serving in foreign countries; and services author17 ized by 5 U.S.C. 3109.

18 SEC. 112. The funds provided to the Bureau of Alco19 hol, Tobacco and Firearms for fiscal year 2002 in this

20 Act for the enforcement of the Federal Alcohol Adminis21 tration Act shall be expended in a manner so as not to

22 diminish enforcement efforts with respect to section 105

23 of the Federal Alcohol Administration Act.

24 SEC. 113. Not to exceed 2 percent of any appropria25 tions in this Act made available to the Federal Law En-
24

S 1398 PCS

1 forcement Training Center, Financial Crimes Enforce2 ment Network, Bureau of Alcohol, Tobacco and Firearms,

3 United States Customs Service, Interagency Crime and

4 Drug Enforcement, and United States Secret Service may

5 be transferred between such appropriations upon the ad6 vance approval of the Committees on Appropriations. No

7 transfer may increase or decrease any such appropriation

8 by more than 2 percent.

9 SEC. 114. Not to exceed 2 percent of any appropria10 tions in this Act made available to the Departmental Of11 fices, Office of Inspector General, Treasury Inspector Gen12 eral for Tax Administration, Financial Management Serv13 ice, and Bureau of the Public Debt, may be transferred

14 between such appropriations upon the advance approval

15 of the Committees on Appropriations. No transfer may in16 crease or decrease any such appropriation by more than

17 2 percent.

18 SEC. 115. Not to exceed 2 percent of any appropria19 tion made available in this Act to the Internal Revenue

20 Service may be transferred to the Treasury Inspector Gen21 eral for Tax Administration’s appropriation upon the ad22 vance approval of the Committees on Appropriations. No

23 transfer may increase or decrease any such appropriation

24 by more than 2 percent.
25

S 1398 PCS

1 SEC. 116. Of the funds available for the purchase of

2 law enforcement vehicles, no funds may be obligated until

3 the Secretary of the Treasury certifies that the purchase

4 by the respective Treasury bureau is consistent with De5 partmental vehicle management principles: Provided, That

6 the Secretary may delegate this authority to the Assistant

7 Secretary for Management.

8 SEC. 117. The Secretary of the Treasury may trans9 fer funds from ‘‘Salaries and Expenses’’, Financial Man10 agement Service, to the Debt Services Account as nec11 essary to cover the costs of debt collection: Provided, That

12 such amounts shall be reimbursed to such Salaries and

13 Expenses account from debt collections received in the

14 Debt Services Account.

15 SEC. 118. Funds appropriated by this Act, or made

16 available by the transfer of funds in this Act, for intel17 ligence and intelligence-related activities of the Depart18 ment of the Treasury are deemed to be specifically author19 ized by the Congress for purposes of section 504 of the

20 National Security Act of 1947 (50 U.S.C. 414) during fis21 cal year 2002 until enactment of the Intelligence Author22 ization Act for fiscal year 2002.

23 SEC. 119. Section 122 of Public Law 105–119, as

24 amended by Public Law 105–277, is further amended in

25 paragraph (g)(1), by striking ‘‘three years’’ and inserting
26

S 1398 PCS

1 ‘‘four years’’; and by striking ‘‘, the United States Cus2 toms Service, and the United States Secret Service’’.

3 SEC. 120. None of the funds appropriated or other4 wise made available by this or any other Act may be used

5 by the United States Mint to construct or operate any mu6 seum without the explicit approval of the House Com7 mittee on Financial Services and the Senate Committee

8 on Banking, Housing, and Urban Affairs.

9 This title may be cited as the ‘‘Treasury Department

10 Appropriations Act, 2002’’.

11 TITLE II—POSTAL SERVICE

12 PAYMENT TO THE POSTAL SERVICE FUND

13 For payment to the Postal Service Fund for revenue

14 forgone on free and reduced rate mail, pursuant to sub15 sections (c) and (d) of section 2401 of title 39, United

16 States Code, $76,619,000: Provided, That mail for over17 seas voting and mail for the blind shall continue to be free:

18 Provided further, That 6-day delivery and rural delivery

19 of mail shall continue at not less than the 1983 level: Pro20 vided further, That none of the funds made available to

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

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

23 employee of any State or local child support enforcement

24 agency, or any individual participating in a State or local

25 program of child support enforcement, a fee for informa-
27

S 1398 PCS

1 tion requested or provided concerning an address of a

2 postal customer: Provided further, That none of the funds

3 provided in this Act shall be used to consolidate or close

4 small rural and other small post offices in fiscal year

5 2002.

6 This title may be cited as the ‘‘Postal Service Appro7 priations Act, 2002’’.

8 TITLE III—EXECUTIVE OFFICE OF THE PRESI9 DENT AND FUNDS APPROPRIATED TO THE

10 PRESIDENT

11 COMPENSATION OF THE PRESIDENT AND THE WHITE

12 HOUSE OFFICE

13 COMPENSATION OF THE PRESIDENT

14 For compensation of the President, including an ex15 pense allowance at the rate of $50,000 per annum as au16 thorized by 3 U.S.C. 102, $450,000: Provided, That none

17 of the funds made available for official expenses shall be

18 expended for any other purpose and any unused amount

19 shall revert to the Treasury pursuant to section 1552 of

20 title 31, United States Code: Provided further, That none

21 of the funds made available for official expenses shall be

22 considered as taxable to the President.

23 SALARIES AND EXPENSES

24 For necessary expenses for the White House as au25 thorized by law, including not to exceed $3,850,000 for

26 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105;
28

S 1398 PCS

1 subsistence expenses as authorized by 3 U.S.C. 105, which

2 shall be expended and accounted for as provided in that

3 section; hire of passenger motor vehicles, newspapers,

4 periodicals, teletype news service, and travel (not to exceed

5 $100,000 to be expended and accounted for as provided

6 by 3 U.S.C. 103); and not to exceed $19,000 for official

7 entertainment expenses, to be available for allocation with8 in the Executive Office of the President, $54,165,000:

9 Provided, That $10,740,000 of the funds appropriated

10 shall be available for reimbursements to the White House

11 Communications Agency.

12 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

13 OPERATING EXPENSES

14 For the care, maintenance, repair and alteration, re15 furnishing, improvement, heating, and lighting, including

16 electric power and fixtures, of the Executive Residence at

17 the White House and official entertainment expenses of

18 the President, $11,914,000, to be expended and accounted

19 for as provided by 3 U.S.C. 105, 109, 110, and 112–114.

20 REIMBURSABLE EXPENSES

21 For the reimbursable expenses of the Executive Resi22 dence at the White House, such sums as may be nec23 essary: Provided, That all reimbursable operating expenses

24 of the Executive Residence shall be made in accordance

25 with the provisions of this paragraph: Provided further,

26 That, notwithstanding any other provision of law, such
29

S 1398 PCS

1 amount for reimbursable operating expenses shall be the

2 exclusive authority of the Executive Residence to incur ob3 ligations and to receive offsetting collections, for such ex4 penses: Provided further, That the Executive Residence

5 shall require each person sponsoring a reimbursable polit6 ical event to pay in advance an amount equal to the esti7 mated cost of the event, and all such advance payments

8 shall be credited to this account and remain available until

9 expended: Provided further, That the Executive Residence

10 shall require the national committee of the political party

11 of the President to maintain on deposit $25,000, to be

12 separately accounted for and available for expenses relat13 ing to reimbursable political events sponsored by such

14 committee during such fiscal year: Provided further, That

15 the Executive Residence shall ensure that a written notice

16 of any amount owed for a reimbursable operating expense

17 under this paragraph is submitted to the person owing

18 such amount within 60 days after such expense is in19 curred, and that such amount is collected within 30 days

20 after the submission of such notice: Provided further, That

21 the Executive Residence shall charge interest and assess

22 penalties and other charges on any such amount that is

23 not reimbursed within such 30 days, in accordance with

24 the interest and penalty provisions applicable to an out25 standing debt on a United States Government claim under
30

S 1398 PCS

1 section 3717 of title 31, United States Code: Provided fur2 ther, That each such amount that is reimbursed, and any

3 accompanying interest and charges, shall be deposited in

4 the Treasury as miscellaneous receipts: Provided further,

5 That the Executive Residence shall prepare and submit

6 to the Committees on Appropriations, by not later than

7 90 days after the end of the fiscal year covered by this

8 Act, a report setting forth the reimbursable operating ex9 penses of the Executive Residence during the preceding

10 fiscal year, including the total amount of such expenses,

11 the amount of such total that consists of reimbursable offi12 cial and ceremonial events, the amount of such total that

13 consists of reimbursable political events, and the portion

14 of each such amount that has been reimbursed as of the

15 date of the report: Provided further, That the Executive

16 Residence shall maintain a system for the tracking of ex17 penses related to reimbursable events within the Executive

18 Residence that includes a standard for the classification

19 of any such expense as political or nonpolitical: Provided

20 further, That no provision of this paragraph may be con21 strued to exempt the Executive Residence from any other

22 applicable requirement of subchapter I or II of chapter

23 37 of title 31, United States Code.

24 WHITE HOUSE REPAIR AND RESTORATION

25 For the repair, alteration, and improvement of the

26 Executive Residence at the White House, $8,625,000, to
31

S 1398 PCS

1 remain available until expended, of which $1,306,000 is

2 for six projects for required maintenance, safety and

3 health issues, and continued preventative maintenance;

4 and of which $7,319,000 is for 3 projects for required

5 maintenance and continued preventative maintenance in

6 conjunction with the General Services Administration, the

7 United States Secret Service, the Office of the President,

8 and other agencies charged with the administration and

9 care of the White House.

10 SPECIAL ASSISTANCE TO THE PRESIDENT AND THE

11 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

12 SALARIES AND EXPENSES

13 For necessary expenses to enable the Vice President

14 to provide assistance to the President in connection with

15 specially assigned functions; services as authorized by 5

16 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex17 penses as authorized by 3 U.S.C. 106, which shall be ex18 pended and accounted for as provided in that section; and

19 hire of passenger motor vehicles, $3,896,000.

20 OPERATING EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For the care, operation, refurnishing, improvement,

23 heating and lighting, including electric power and fixtures,

24 of the official residence of the Vice President; the hire of

25 passenger motor vehicles; and not to exceed $90,000 for

26 official entertainment expenses of the Vice President, to
32

S 1398 PCS

1 be accounted for solely on his certificate, $314,000: Pro2 vided, That advances or repayments or transfers from this

3 appropriation may be made to any department or agency

4 for expenses of carrying out such activities.

5 COUNCIL OF ECONOMIC ADVISERS

6 SALARIES AND EXPENSES

7 For necessary expenses of the Council of Economic

8 Advisers in carrying out its functions under the Employ9 ment Act of 1946 (15 U.S.C. 1021), $4,192,000.

10 OFFICE OF POLICY DEVELOPMENT

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Policy Devel13 opment, including services as authorized by 5 U.S.C. 3109

14 and 3 U.S.C. 107, $4,119,000.

15 NATIONAL SECURITY COUNCIL

16 SALARIES AND EXPENSES

17 For necessary expenses of the National Security

18 Council, including services as authorized by 5 U.S.C.

19 3109, $7,447,000.

20 OFFICE OF ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Administra23 tion, including services as authorized by 5 U.S.C. 3109

24 and 3 U.S.C. 107, and hire of passenger motor vehicles,

25 $46,032,000, of which $11,775,000 shall be available until
33

S 1398 PCS

1 September 30, 2003 for a capital investment plan which

2 provides for the continued modernization of the informa3 tion technology infrastructure.

4 OFFICE OF MANAGEMENT AND BUDGET

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of Management

7 and Budget, including hire of passenger motor vehicles

8 and services as authorized by 5 U.S.C. 3109,

9 $70,519,000, of which not to exceed $5,000,000 shall be

10 available to carry out the provisions of chapter 35 of title

11 44, United States Code, and of which not to exceed $3,000

12 shall be available for official representation expenses: Pro13 vided, That, as provided in 31 U.S.C. 1301(a), appropria14 tions shall be applied only to the objects for which appro15 priations were made except as otherwise provided by law:

16 Provided further, That none of the funds appropriated in

17 this Act for the Office of Management and Budget may

18 be used for the purpose of reviewing any agricultural mar19 keting orders or any activities or regulations under the

20 provisions of the Agricultural Marketing Agreement Act

21 of 1937 (7 U.S.C. 601 et seq.): Provided further, That

22 none of the funds made available for the Office of Manage23 ment and Budget by this Act may be expended for the

24 altering of the transcript of actual testimony of witnesses,

25 except for testimony of officials of the Office of Manage-
34

S 1398 PCS

1 ment and Budget, before the Committees on Appropria2 tions or the Committees on Veterans’ Affairs or their sub3 committees: Provided further, That the preceding shall not

4 apply to printed hearings released by the Committees on

5 Appropriations or the Committees on Veterans’ Affairs.

6 OFFICE OF NATIONAL DRUG CONTROL POLICY

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses of the Office of National

10 Drug Control Policy; for research activities pursuant to

11 the Office of National Drug Control Policy Reauthoriza12 tion Act of 1998 (title VII of division C of Public Law

13 105–277); not to exceed $8,000 for official reception and

14 representation expenses; and for participation in joint

15 projects or in the provision of services on matters of mu16 tual interest with nonprofit, research, or public organiza17 tions or agencies, with or without reimbursement,

18 $25,096,000, of which $2,350,000 shall remain available

19 until expended, consisting of $1,350,000 for policy re20 search and evaluation, and $1,000,000 for the National

21 Alliance for Model State Drug Laws: Provided, That the

22 Office is authorized to accept, hold, administer, and utilize

23 gifts, both real and personal, public and private, without

24 fiscal year limitation, for the purpose of aiding or facili25 tating the work of the Office.
35

S 1398 PCS

1 COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses for the Counterdrug Tech4 nology Assessment Center for research activities pursuant

5 to the Office of National Drug Control Policy Reauthor6 ization Act of 1998 (title VII of division C of Public Law

7 105–277), $42,000,000, which shall remain available until

8 expended, consisting of $20,000,000 for counternarcotics

9 research and development projects, and $22,000,000 for

10 the continued operation of the technology transfer pro11 gram: Provided, That the $20,000,000 for counter-nar12 cotics research and development projects shall be available

13 for transfer to other Federal departments or agencies.

14 FEDERAL DRUG CONTROL PROGRAMS

15 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses of the Office of National

18 Drug Control Policy’s High Intensity Drug Trafficking

19 Areas Program, $226,350,000 for drug control activities

20 consistent with the approved strategy for each of the des21 ignated High Intensity Drug Trafficking Areas (HIDTA),

22 of which $1,000,000 shall be for an additional amount for

23 the Rocky Mountain HIDTA; of which $1,500,000 shall

24 be used for an additional amount for the Midwest HIDTA;

25 of which $1,000,000 shall be for an additional amount for

26 the Gulf Coast HIDTA; of which $1,000,000 shall be for
36

S 1398 PCS

1 an additional amount for the Hawaii HIDTA; of which

2 $500,000 shall be for an additional amount for the Mil3 waukee HIDTA; of which $500,000 shall be for an addi4 tional amount for the Philadelphia/Camden HIDTA; of

5 which $1,000,000 shall be for an additional amount for

6 the Northwest HIDTA; of which $1,500,000 shall be for

7 an additional amount for the Southwest Border HIDTA;

8 of which no less than 51 percent shall be transferred to

9 State and local entities for drug control activities, which

10 shall be obligated within 120 days of the date of the enact11 ment of this Act: Provided, That up to 49 percent, to re12 main available until September 30, 2003, may be trans13 ferred to Federal agencies and departments at a rate to

14 be determined by the Director: Provided further, That, of

15 this latter amount, not less than $2,100,000 shall be used

16 for auditing services and activities: Provided further, That

17 HIDTAs designated as of September 30, 2001, shall be

18 funded at no less than fiscal year 2001 levels unless the

19 Director submits to the Committees, and the Committees

20 approve, justification for changes in those levels based on

21 clearly articulated priorities for the HIDTA program, as

22 well as published ONDCP performance measures of effec23 tiveness.
37

S 1398 PCS

1 SPECIAL FORFEITURE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For activities to support a national anti-drug cam4 paign for youth, and for other purposes, authorized by

5 Public Law 105–277, $249,400,000, to remain available

6 until expended, of which $185,000,000 shall be to support

7 a national media campaign, as authorized in the Drug8 Free Media Campaign Act of 1998; of which $4,800,000

9 shall be made available no later than 30 days after the

10 enactment of this Act to the United States Anti-Doping

11 Agency for their anti-doping efforts; of which $50,600,000

12 shall be to continue a program of matching grants to drug13 free communities, as authorized in chapter 2 of the Na14 tional Narcotics Leadership Act of 1988, as amended; of

15 which $1,000,000 shall be available to the National Drug

16 Court Institute; and of which $3,000,000 shall be for the

17 Counterdrug Intelligence Executive Secretariat: Provided,

18 That such funds may be transferred to other Federal de19 partments and agencies to carry out such activities.

20 UNANTICIPATED NEEDS

21 For expenses necessary to enable the President to

22 meet unanticipated needs, in furtherance of the national

23 interest, security, or defense which may arise at home or

24 abroad during the current fiscal year, as authorized by

25 3 U.S.C. 108, $1,000,000.
38

S 1398 PCS

1 This title may be cited as the ‘‘Executive Office Ap2 propriations Act, 2002’’.

3 TITLE IV—INDEPENDENT AGENCIES

4 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

5 BLIND OR SEVERELY DISABLED

6 SALARIES AND EXPENSES

7 For necessary expenses of the Committee for Pur8 chase From People Who Are Blind or Severely Disabled

9 established by Public Law 92–28, $4,498,000.

10 FEDERAL ELECTION COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses to carry out the provisions

13 of the Federal Election Campaign Act of 1971, as amend14 ed, $43,993,000, of which no less than $4,453,000 shall

15 be available for internal automated data processing sys16 tems, and of which not to exceed $5,000 shall be available

17 for reception and representation expenses of which

18 $2,000,000 shall be available for administering a program

19 to award Federal matching grants to States and localities

20 to improve election systems and election administration

21 and for making such grants: Provided, That no funds for

22 the purpose of administering such program or for making

23 such grants shall be made available until the date of enact24 ment of a statute authorizing the expenditure of funds for

25 such a purpose.
39

S 1398 PCS

1 FEDERAL LABOR RELATIONS AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out functions of the

4 Federal Labor Relations Authority, pursuant to Reorga5 nization Plan Numbered 2 of 1978, and the Civil Service

6 Reform Act of 1978, including services authorized by 5

7 U.S.C. 3109, including hire of experts and consultants,

8 hire of passenger motor vehicles, and rental of conference

9 rooms in the District of Columbia and elsewhere,

10 $26,378,000: Provided, That public members of the Fed11 eral Service Impasses Panel may be paid travel expenses

12 and per diem in lieu of subsistence as authorized by law

13 (5 U.S.C. 5703) for persons employed intermittently in

14 the Government service, and compensation as authorized

15 by 5 U.S.C. 3109: Provided further, That notwithstanding

16 31 U.S.C. 3302, funds received from fees charged to non17 Federal participants at labor-management relations con18 ferences shall be credited to and merged with this account,

19 to be available without further appropriation for the costs

20 of carrying out these conferences.
40

S 1398 PCS

1 GENERAL SERVICES ADMINISTRATION

2 REAL PROPERTY ACTIVITIES

3 FEDERAL BUILDINGS FUND

4 LIMITATIONS ON AVAILABILITY OF REVENUE

5 (INCLUDING TRANSFER OF FUNDS)

6 To carry out the purpose of the Fund established

7 pursuant to section 210(f) of the Federal Property and

8 Administrative Services Act of 1949, as amended (40

9 U.S.C. 490(f)), the revenues and collections deposited into

10 the Fund shall be available for necessary expenses of real

11 property management and related activities not otherwise

12 provided for, including operation, maintenance, and pro13 tection of federally owned and leased buildings; rental of

14 buildings in the District of Columbia; restoration of leased

15 premises; moving governmental agencies (including space

16 adjustments and telecommunications relocation expenses)

17 in connection with the assignment, allocation and transfer

18 of space; contractual services incident to cleaning or serv19 icing buildings, and moving; repair and alteration of feder20 ally owned buildings including grounds, approaches and

21 appurtenances; care and safeguarding of sites; mainte22 nance, preservation, demolition, and equipment; acquisi23 tion of buildings and sites by purchase, condemnation, or

24 as otherwise authorized by law; acquisition of options to

25 purchase buildings and sites; conversion and extension of

26 federally owned buildings; preliminary planning and de-
41

S 1398 PCS

1 sign of projects by contract or otherwise; construction of

2 new buildings (including equipment for such buildings);

3 and payment of principal, interest, and any other obliga4 tions for public buildings acquired by installment purchase

5 and purchase contract; in the aggregate amount of

6 $6,217,350,000, of which (1) $477,544,000 shall remain

7 available until expended for construction (including funds

8 for sites and expenses and associated design and construc9 tion services) of additional projects at the following loca10 tions:

11 New Construction:

12 Alabama:

13 Mobile, U.S. Courthouse, $11,290,000

14 Arkansas:

15 Little Rock, U.S. Courthouse Annex,

16 $5,022,000

17 California:

18 Fresno, U.S. Courthouse, $121,225,000

19 District of Columbia:

20 Washington, U.S. Courthouse Annex,

21 $6,595,000

22 Washington, Southeast Federal Center

23 Site Remediation, $5,000,000

24 Florida:

25 Ft. Pierce, Courthouse, $4,314,000
42

S 1398 PCS

1 Miami, Courthouse, $15,282,000

2 Illinois:

3 Rockford, Courthouse, $4,933,000

4 Iowa:

5 Cedar Rapids, Courthouse, $14,795,000

6 Maine:

7 Jackman, Border Station, $868,000

8 Maryland:

9 Montgomery County, FDA Consolidation,

10 $19,060,000

11 Suitland, U.S. Census Bureau, $2,813,000

12 Suitland, National Oceanic and Atmos13 pheric Administration II, $34,083,000

14 Massachusetts:

15 Springfield, U.S. Courthouse, $6,473,000

16 Mississippi:

17 Gulfport, U.S. Courthouse, $3,000,000

18 Jackson, Mississippi, $13,231,000

19 Michigan:

20 Detroit, Ambassador Bridge Border Sta21 tion, $9,470,000

22 Montana:

23 Raymond, Border Station, $693,000

24 New Mexico:

25 Las Cruces, U.S. Courthouse, $4,110,000
43

S 1398 PCS

1 New York:

2 Brooklyn, U.S. Courthouse Annex—GPO,

3 $3,361,000

4 Buffalo, U.S. Courthouse Annex, $716,000

5 New York, U.S. Mission to the United Na6 tions, $4,617,000

7 Oregon:

8 Eugene, U.S. Courthouse, $4,470,000

9 Pennsylvania:

10 Erie, U.S. Courthouse Annex, $30,739,000

11 Tennessee:

12 Nashville, Courthouse, $20,700,000

13 Texas:

14 Del Rio III, Border Station, $1,869,000

15 Eagle Pass, Border Station, $2,256,000

16 El Paso, U.S. Courthouse, $11,193,000

17 Fort Hancock, Border Station, $2,183,000

18 Houston, Federal Bureau of Investigation,

19 $6,268,000

20 Utah:

21 Salt Lake City, Courthouse, $5,000,000

22 Virginia:

23 Norfolk, U.S. Courthouse Annex,

24 $11,609,000

25 Nationwide:
44

S 1398 PCS

1 Judgment Fund Repayment, $84,406,000

2 Non-prospectus construction, $5,900,000:

3 Provided, That funding for any project identified above

4 may be exceeded to the extent that savings are effected

5 in other such projects, but not to exceed 10 percent of

6 the amounts included in an approved prospectus, if re7 quired, unless advance notice is transmitted to the Com8 mittees on Appropriations of a greater amount: Provided

9 further, That all funds for direct construction projects

10 shall expire on September 30, 2003, and remain in the

11 Federal Buildings Fund except for funds for projects as

12 to which funds for design or other funds have been obli13 gated in whole or in part prior to such date; (2)

14 $844,880,000 shall remain available until expended for re15 pairs and alterations which includes associated design and

16 construction services: Provided further, That funds in the

17 Federal Buildings Fund for Repairs and Alterations shall,

18 for prospectus projects, be limited to the amount by

19 project, as follows, except each project may be increased

20 by an amount not to exceed 10 percent unless advance

21 notice is transmitted to the Committees on Appropriations

22 of a greater amount:

23 Repairs and Alterations:

24 Alabama:
45

S 1398 PCS

1 Montgomery, Frank M. Johnson, Jr. Fed2 eral Building-Courthouse, $4,000,000

3 California:

4 Laguna Niguel, Chet Holifield Federal

5 Building, $11,711,000

6 San Diego, Edward J. Schwartz Federal

7 Building-U.S. Courthouse, $13,070,000

8 Colorado:

9 Lakewood, Denver Federal Center, Build10 ing 67, $8,484,000

11 District of Columbia:

12 Washington, 320 First Street, Federal

13 Building, $8,260,000

14 Washington, Internal Revenue Service

15 Main Building, Phase 2, $20,391,000

16 Washington, Main Interior Building,

17 $22,739,000

18 Washington, Main Justice Building, Phase

19 3, $45,974,000

20 Florida:

21 Jacksonville, Charles E. Bennett Federal

22 Building, $23,552,000

23 Tallahassee, U.S. Courthouse, $4,894,000

24 Illinois:
46

S 1398 PCS

1 Chicago, Federal Building, 536 South

2 Clark Street, $60,073,000

3 Chicago, Harold Washington Social Secu4 rity Center, $13,692,000

5 Chicago, John C. Kluczynski Federal

6 Building, $12,725,000

7 Iowa:

8 Des Moines, 210 Walnut Street, Federal

9 Building, $11,992,000

10 Missouri:

11 Kansas City, Federal Building, 811 Grand

12 Boulevard, $1,604,000

13 St. Louis, Federal Building, 104/105

14 Goodfellow, $20,212,000

15 New Jersey:

16 Newark, Peter W. Rodino Federal Build17 ing, $5,295,000

18 Nevada:

19 Las Vegas, Foley Federal Building-U.S.

20 Courthouse, $26,978,000

21 Ohio:

22 Cleveland, Anthony J. Celebrezze Federal

23 Building, $22,986,000

24 Cleveland, Howard M. Metzenbaum Court25 house, $27,856,000
47

S 1398 PCS

1 Oklahoma:

2 Muskogee, Federal Building-U.S. Court3 house, $8,214,000

4 Oregon:

5 Portland, Pioneer Courthouse,

6 $16,629,000

7 Pennsylvania:

8 Pittsburgh, Post Office-Courthouse,

9 $12,600,000

10 Rhode Island:

11 Providence, Federal Building and Court12 house, $5,039,000

13 Wisconsin:

14 Milwaukee, Federal Building-U.S. Court15 house, $10,015,000

16 Nationwide:

17 Design Program, $33,657,000

18 Heating, Ventilation and Air Conditioning

19 Modernization—Various Buildings, $6,650,000

20 Transformers—Various Buildings,

21 $15,588,000

22 Basic Repairs and Alterations, $370,000,000:

23 Provided further, That additional projects for which

24 prospectuses have been fully approved may be funded

25 under this category only if advance notice is transmitted
48

S 1398 PCS

1 to the Committees on Appropriations: Provided further,

2 That the amounts provided in this or any prior Act for

3 ‘‘Repairs and Alterations’’ may be used to fund costs asso4 ciated with implementing security improvements to build5 ings necessary to meet the minimum standards for secu6 rity in accordance with current law and in compliance with

7 the reprogramming guidelines of the appropriate Commit8 tees of the House and Senate: Provided further, That the

9 difference between the funds appropriated and expended

10 on any projects in this or any prior Act, under the heading

11 ‘‘Repairs and Alterations’’, may be transferred to Basic

12 Repairs and Alterations or used to fund authorized in13 creases in prospectus projects: Provided further, That all

14 funds for repairs and alterations prospectus projects shall

15 expire on September 30, 2003, and remain in the Federal

16 Buildings Fund except funds for projects as to which

17 funds for design or other funds have been obligated in

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

19 the amount provided in this or any prior Act for Basic

20 Repairs and Alterations may be used to pay claims against

21 the Government arising from any projects under the head22 ing ‘‘Repairs and Alterations’’ or used to fund authorized

23 increases in prospectus projects; (3) $186,427,000 for in24 stallment acquisition payments including payments on

25 purchase contracts which shall remain available until ex-
49

S 1398 PCS

1 pended; (4) $2,959,550,000 for rental of space which shall

2 remain available until expended; and (5) $1,748,949,000

3 for building operations which shall remain available until

4 expended: Provided further, That funds available to the

5 General Services Administration shall not be available for

6 expenses of any construction, repair, alteration and acqui7 sition project for which a prospectus, if required by the

8 Public Buildings Act of 1959, as amended, has not been

9 approved, except that necessary funds may be expended

10 for each project for required expenses for the development

11 of a proposed prospectus: Provided further, That funds

12 available in the Federal Buildings Fund may be expended

13 for emergency repairs when advance notice is transmitted

14 to the Committees on Appropriations: Provided further,

15 That amounts necessary to provide reimbursable special

16 services to other agencies under section 210(f)(6) of the

17 Federal Property and Administrative Services Act of

18 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to

19 provide such reimbursable fencing, lighting, guard booths,

20 and other facilities on private or other property not in

21 Government ownership or control as may be appropriate

22 to enable the United States Secret Service to perform its

23 protective functions pursuant to 18 U.S.C. 3056, shall be

24 available from such revenues and collections: Provided fur25 ther, That revenues and collections and any other sums
50

S 1398 PCS

1 accruing to this Fund during fiscal year 2002, excluding

2 reimbursements under section 210(f)(6) of the Federal

3 Property and Administrative Services Act of 1949 (40

4 U.S.C. 490(f)(6)) in excess of $6,217,350,000 shall re5 main in the Fund and shall not be available for expendi6 ture except as authorized in appropriations Acts.

7 POLICY AND OPERATIONS

8 For expenses authorized by law, not otherwise pro9 vided for, for Government-wide policy and oversight activi10 ties associated with asset management activities; utiliza11 tion and donation of surplus personal property; transpor12 tation; procurement and supply; Government-wide respon13 sibilities relating to automated data management, tele14 communications, information resources management, and

15 related technology activities; utilization survey, deed com16 pliance inspection, appraisal, environmental and cultural

17 analysis, and land use planning functions pertaining to ex18 cess and surplus real property; agency-wide policy direc19 tion; Board of Contract Appeals; accounting, records man20 agement, and other support services incident to adjudica21 tion of Indian Tribal Claims by the United States Court

22 of Federal Claims; services as authorized by 5 U.S.C.

23 3109; and not to exceed $7,500 for official reception and

24 representation expenses, $145,749,000, of which

25 $27,887,000 shall remain available until expended.
51

S 1398 PCS

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General and services authorized by 5 U.S.C. 3109,

4 $36,025,000: Provided, That not to exceed $15,000 shall

5 be available for payment for information and detection of

6 fraud against the Government, including payment for re7 covery of stolen Government property: Provided further,

8 That not to exceed $2,500 shall be available for awards

9 to employees of other Federal agencies and private citizens

10 in recognition of efforts and initiatives resulting in en11 hanced Office of Inspector General effectiveness.

12 ELECTRONIC GOVERNMENT (E-GOV) FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses in support of interagency

15 projects that enable the Federal Government to expand

16 its ability to conduct activities electronically, through the

17 development and implementation of innovative uses of the

18 Internet and other electronic methods, $5,000,000 to re19 main available until expended: Provided, That these funds

20 may be transferred to Federal agencies to carry out the

21 purposes of the Fund: Provided further, That this transfer

22 authority shall be in addition to any other transfer author23 ity provided in this Act: Provided further, That such trans24 fers may not be made until 10 days after a proposed

25 spending plan and justification for each project to be un-
52

S 1398 PCS

1 dertaken has been submitted to the Senate Committee on

2 Appropriations.

3 ALLOWANCES AND OFFICE STAFF FOR FORMER

4 PRESIDENTS

5 (INCLUDING TRANSFER OF FUNDS)

6 For carrying out the provisions of the Act of August

7 25, 1958, as amended (3 U.S.C. 102 note), and Public

8 Law 95–138, $3,376,000: Provided, That the Adminis9 trator of General Services shall transfer to the Secretary

10 of the Treasury such sums as may be necessary to carry

11 out the provisions of such Acts.

12 GENERAL SERVICES ADMINISTRATION—GENERAL

13 PROVISIONS

14 SEC. 401. The appropriate appropriation or fund

15 available to the General Services Administration shall be

16 credited with the cost of operation, protection, mainte17 nance, upkeep, repair, and improvement, included as part

18 of rentals received from Government corporations pursu19 ant to law (40 U.S.C. 129).

20 SEC. 402. Funds available to the General Services

21 Administration shall be available for the hire of passenger

22 motor vehicles.

23 SEC. 403. Funds in the Federal Buildings Fund

24 made available for fiscal year 2002 for Federal Buildings

25 Fund activities may be transferred between such activities

26 only to the extent necessary to meet program require-
53

S 1398 PCS

1 ments: Provided, That any proposed transfers shall be ap2 proved in advance by the Committees on Appropriations.

3 SEC. 404. No funds made available by this Act shall

4 be used to transmit a fiscal year 2003 request for United

5 States Courthouse construction that: (1) does not meet

6 the design guide standards for construction as established

7 and approved by the General Services Administration, the

8 Judicial Conference of the United States, and the Office

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

10 priorities of the Judicial Conference of the United States

11 as set out in its approved 5-year construction plan: Pro12 vided, That the fiscal year 2003 request must be accom13 panied by a standardized courtroom utilization study of

14 each facility to be constructed, replaced, or expanded.

15 SEC. 405. None of the funds provided in this Act may

16 be used to increase the amount of occupiable square feet,

17 provide cleaning services, security enhancements, or any

18 other service usually provided through the Federal Build19 ings Fund, to any agency that does not pay the rate per

20 square foot assessment for space and services as deter21 mined by the General Services Administration in compli22 ance with the Public Buildings Amendments Act of 1972

23 (Public Law 92–313).

24 SEC. 406. Funds provided to other Government agen25 cies by the Information Technology Fund, General Serv-
54

S 1398 PCS

1 ices Administration, under 40 U.S.C. 757 and sections

2 5124(b) and 5128 of Public Law 104–106, Information

3 Technology Management Reform Act of 1996, for per4 formance of pilot information technology projects which

5 have potential for Governmentwide benefits and savings,

6 may be repaid to this Fund from any savings actually in7 curred by these projects or other funding, to the extent

8 feasible.

9 SEC. 407. From funds made available under the

10 heading ‘‘Federal Buildings Fund, Limitations on Avail11 ability of Revenue’’, claims against the Government of less

12 than $250,000 arising from direct construction projects

13 and acquisition of buildings may be liquidated from sav14 ings effected in other construction projects with prior noti15 fication to the Committees on Appropriations.

16 SEC. 408. Section 408 of Public Law 106–554 is

17 amended by striking ‘‘April 30, 2002’’ and inserting ‘‘Sep18 tember 30, 2002’’.

19 SEC. 409. Notwithstanding any other provision of

20 law, the General Services Administration is directed to

21 maintain the vehicle rental rates and per mile rates

22 charged for buses used by schools and dormitories funded

23 by the Bureau of Indian Affairs that were in effect on

24 April 30, 2001 until such time as appropriations to the

25 Bureau of Indian Affairs funding for the Student Trans-
55

S 1398 PCS

1 portation Program for schools and dormitories funded by

2 the Bureau of Indian Affairs equals or exceeds $3 per

3 mile.

4 SEC. 410. DESIGNATION OF JUDGE BRUCE M. VAN

5 SICKLE FEDERAL BUILDING AND UNITED STATES

6 COURTHOUSE. (a) The Federal building and courthouse

7 located at 100 1st Street, SW, Minot, North Dakota, shall

8 be known and designated as the ‘‘Judge Bruce M. Van

9 Sickle Federal Building and United States Courthouse.’’

10 (b) Any reference in law, map, regulation, document,

11 paper, or other record of the United States to the Federal

12 building and courthouse referred to in section (a) shall be

13 deemed to be a reference to the Judge Bruce M. Van Sick14 le Federal Building and United States Courthouse.

15 MERIT SYSTEMS PROTECTION BOARD

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses to carry out functions of the

19 Merit Systems Protection Board pursuant to Reorganiza20 tion Plan Numbered 2 of 1978 and the Civil Service Re21 form Act of 1978, including services as authorized by 5

22 U.S.C. 3109, rental of conference rooms in the District

23 of Columbia and elsewhere, hire of passenger motor vehi24 cles, and direct procurement of survey printing,

25 $30,375,000 together with not to exceed $2,520,000 for
56

S 1398 PCS

1 administrative expenses to adjudicate retirement appeals

2 to be transferred from the Civil Service Retirement and

3 Disability Fund in amounts determined by the Merit Sys4 tems Protection Board.

5 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

6 NATIONAL ENVIRONMENTAL POLICY FOUNDATION

7 MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN

8 NATIONAL ENVIRONMENTAL POLICY TRUST FUND

9 For payment to the Morris K. Udall Scholarship and

10 Excellence in National Environmental Policy Trust Fund,

11 pursuant to the Morris K. Udall Scholarship and Excel12 lence in National Environmental and Native American

13 Public Policy Act of 1992 (20 U.S.C. 5601 et seq.),

14 $1,996,000, to remain available until expended: Provided,

15 That up to 60 percent of such funds may be transferred

16 by the Morris K. Udall Scholarship and Excellence in Na17 tional Environmental Policy Foundation for the necessary

18 expenses of the Native Nations Institute: Provided further,

19 That not later than 90 days after the date of the enact20 ment of this Act, the Morris K. Udall Scholarship and Ex21 cellence in National Environmental Policy Foundation

22 shall submit to the Committee on Appropriations a report

23 describing the distribution of such funds.

24 ENVIRONMENTAL DISPUTE RESOLUTION FUND

25 For payment to the Environmental Dispute Resolu26 tion Fund to carry out activities authorized in the Envi-
57

S 1398 PCS

1 ronmental Policy and Conflict Resolution Act of 1998,

2 $1,309,000, to remain available until expended.

3 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

4 OPERATING EXPENSES

5 For necessary expenses in connection with the admin6 istration of the National Archives (including the Informa7 tion Security Oversight Office) and archived Federal

8 records and related activities, as provided by law, and for

9 expenses necessary for the review and declassification of

10 documents, and for the hire of passenger motor vehicles,

11 $244,247,000: Provided, That the Archivist of the United

12 States is authorized to use any excess funds available from

13 the amount borrowed for construction of the National Ar14 chives facility, for expenses necessary to provide adequate

15 storage for holdings: Provided further, That of the funds

16 made available, $22,302,000 is for the electronic records

17 archive, $16,337,000 of which shall be available until Sep18 tember 30, 2004: Provided further, That the Archivist of

19 the United States is authorized, pursuant to 44 U.S.C.

20 2903, to construct a new Southeast Regional Archives on

21 land to be acquired (Federal site), by direct payment or

22 the provision of site improvements, from the State of

23 Georgia or Clayton County or some other governmental

24 authority thereof; such Federal site to be located near the

25 campus of Clayton College and State University in Clayton
58

S 1398 PCS

1 County, Georgia, and abut land designated for construc2 tion of the Georgia State Archives facility, with both archi3 val facilities co-located on a combined site. There is hereby

4 appropriated $30,500,000 which shall be available until

5 expended to be used for acquiring the Federal site, con6 struction, and related services for building the new Fed7 eral archival facility, other related costs for improvement

8 of the combined site which may also indirectly benefit the

9 Georgia State Archives facility, and other necessary ex10 penses.

11 REPAIRS AND RESTORATION

12 For the repair, alteration, and improvement of ar13 chives facilities, and to provide adequate storage for hold14 ings, $41,143,000, to remain available until expended.

15 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

16 COMMISSION

17 GRANTS PROGRAM

18 For necessary expenses for allocations and grants for

19 historical publications and records as authorized by 44

20 U.S.C. 2504, as amended, $6,436,000, to remain available

21 until expended.

22 OFFICE OF GOVERNMENT ETHICS

23 SALARIES AND EXPENSES

24 For necessary expenses to carry out functions of the

25 Office of Government Ethics pursuant to the Ethics in

26 Government Act of 1978, as amended and the Ethics Re-
59

S 1398 PCS

1 form Act of 1989, including services as authorized by 5

2 U.S.C. 3109, rental of conference rooms in the District

3 of Columbia and elsewhere, hire of passenger motor vehi4 cles, and not to exceed $1,500 for official reception and

5 representation expenses, $10,060,000.

6 OFFICE OF PERSONNEL MANAGEMENT

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF TRUST FUNDS)

9 For necessary expenses to carry out functions of the

10 Office of Personnel Management pursuant to Reorganiza11 tion Plan Numbered 2 of 1978 and the Civil Service Re12 form Act of 1978, including services as authorized by 5

13 U.S.C. 3109; medical examinations performed for veterans

14 by private physicians on a fee basis; rental of conference

15 rooms in the District of Columbia and elsewhere; hire of

16 passenger motor vehicles; not to exceed $2,500 for official

17 reception and representation expenses; advances for reim18 bursements to applicable funds of the Office of Personnel

19 Management and the Federal Bureau of Investigation for

20 expenses incurred under Executive Order No. 10422 of

21 January 9, 1953, as amended; and payment of per diem

22 and/or subsistence allowances to employees where Voting

23 Rights Act activities require an employee to remain over24 night at his or her post of duty, $99,036,000, of which

25 $3,200,000 shall remain available until expended for the

26 cost of the governmentwide human resources data network
60

S 1398 PCS

1 project; and in addition $115,928,000 for administrative

2 expenses, to be transferred from the appropriate trust

3 funds of the Office of Personnel Management without re4 gard to other statutes, including direct procurement of

5 printed materials, for the retirement and insurance pro6 grams, of which $21,777,000 shall remain available until

7 expended for the cost of automating the retirement record8 keeping systems: Provided, That the provisions of this ap9 propriation shall not affect the authority to use applicable

10 trust funds as provided by sections 8348(a)(1)(B),

11 8909(g), and 9004(f)(1)(A) and (2)(A) of title 5, United

12 States Code: Provided further, That no part of this appro13 priation shall be available for salaries and expenses of the

14 Legal Examining Unit of the Office of Personnel Manage15 ment established pursuant to Executive Order No. 9358

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

17 Provided further, That the President’s Commission on

18 White House Fellows, established by Executive Order No.

19 11183 of October 3, 1964, may, during fiscal year 2002,

20 accept donations of money, property, and personal services

21 in connection with the development of a publicity brochure

22 to provide information about the White House Fellows, ex23 cept that no such donations shall be accepted for travel

24 or reimbursement of travel expenses, or for the salaries

25 of employees of such Commission.
61

S 1398 PCS

1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF TRUST FUNDS)

4 For necessary expenses of the Office of Inspector

5 General in carrying out the provisions of the Inspector

6 General Act, as amended, including services as authorized

7 by 5 U.S.C. 3109, hire of passenger motor vehicles,

8 $1,398,000; and in addition, not to exceed $10,016,000

9 for administrative expenses to audit, investigate, and pro10 vide other oversight of the Office of Personnel Manage11 ment’s retirement and insurance programs, to be trans12 ferred from the appropriate trust funds of the Office of

13 Personnel Management, as determined by the Inspector

14 General: Provided, That the Inspector General is author15 ized to rent conference rooms in the District of Columbia

16 and elsewhere.

17 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

18 HEALTH BENEFITS

19 For payment of Government contributions with re20 spect to retired employees, as authorized by chapter 89

21 of title 5, United States Code, and the Retired Federal

22 Employees Health Benefits Act (74 Stat. 849), as amend23 ed, such sums as may be necessary.
62

S 1398 PCS

1 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

2 LIFE INSURANCE

3 For payment of Government contributions with re4 spect to employees retiring after December 31, 1989, as

5 required by chapter 87 of title 5, United States Code, such

6 sums as may be necessary.

7 PAYMENT TO CIVIL SERVICE RETIREMENT AND

8 DISABILITY FUND

9 For financing the unfunded liability of new and in10 creased annuity benefits becoming effective on or after Oc11 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an12 nuities under special Acts to be credited to the Civil Serv13 ice Retirement and Disability Fund, such sums as may

14 be necessary: Provided, That annuities authorized by the

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

16 19, 1950, as amended (33 U.S.C. 771–775), may here17 after be paid out of the Civil Service Retirement and Dis18 ability Fund.

19 OFFICE OF SPECIAL COUNSEL

20 SALARIES AND EXPENSES

21 For necessary expenses to carry out functions of the

22 Office of Special Counsel pursuant to Reorganization Plan

23 Numbered 2 of 1978, the Civil Service Reform Act of

24 1978 (Public Law 95–454), the Whistleblower Protection

25 Act of 1989 (Public Law 101–12), Public Law 103–424,

26 and the Uniformed Services Employment and Reemploy-
63

S 1398 PCS

1 ment Act of 1994 (Public Law 103–353), including serv2 ices as authorized by 5 U.S.C. 3109, payment of fees and

3 expenses for witnesses, rental of conference rooms in the

4 District of Columbia and elsewhere, and hire of passenger

5 motor vehicles, $11,784,000.

6 UNITED STATES TAX COURT

7 SALARIES AND EXPENSES

8 For necessary expenses, including contract reporting

9 and other services as authorized by 5 U.S.C. 3109,

10 $37,305,000: Provided, That travel expenses of the judges

11 shall be paid upon the written certificate of the judge.

12 This title may be cited as the ‘‘Independent Agencies

13 Appropriations Act, 2002’’.

14 TITLE V—GENERAL PROVISIONS

15 THIS ACT

16 SEC. 501. No part of any appropriation contained in

17 this Act shall remain available for obligation beyond the

18 current fiscal year unless expressly so provided herein.

19 SEC. 502. The expenditure of any appropriation

20 under this Act for any consulting service through procure21 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

22 to those contracts where such expenditures are a matter

23 of public record and available for public inspection, except

24 where otherwise provided under existing law, or under ex25 isting Executive order issued pursuant to existing law.
64

S 1398 PCS

1 SEC. 503. None of the funds made available by this

2 Act shall be available for any activity or for paying the

3 salary of any Government employee where funding an ac4 tivity or paying a salary to a Government employee would

5 result in a decision, determination, rule, regulation, or pol6 icy that would prohibit the enforcement of section 307 of

7 the Tariff Act of 1930.

8 SEC. 504. None of the funds made available by this

9 Act shall be available in fiscal year 2002 for the purpose

10 of transferring control over the Federal Law Enforcement

11 Training Center located at Glynco, Georgia, and Artesia,

12 New Mexico, out of the Department of the Treasury.

13 SEC. 505. No part of any appropriation contained in

14 this Act shall be available to pay the salary for any person

15 filling a position, other than a temporary position, for16 merly held by an employee who has left to enter the Armed

17 Forces of the United States and has satisfactorily com18 pleted his period of active military or naval service, and

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

20 from hospitalization continuing after discharge for a pe21 riod of not more than 1 year, made application for restora22 tion to his former position and has been certified by the

23 Office of Personnel Management as still qualified to per24 form the duties of his former position and has not been

25 restored thereto.
65

S 1398 PCS

1 SEC. 506. No funds appropriated pursuant to this

2 Act may be expended by an entity unless the entity agrees

3 that in expending the assistance the entity will comply

4 with sections 2 through 4 of the Act of March 3, 1933

5 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer6 ican Act’’).

7 SEC. 507. (a) PURCHASE OF AMERICAN-MADE

8 EQUIPMENT AND PRODUCTS.—In the case of any equip9 ment or products that may be authorized to be purchased

10 with financial assistance provided under this Act, it is the

11 sense of the Congress that entities receiving such assist12 ance should, in expending the assistance, purchase only

13 American-made equipment and products.

14 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

15 providing financial assistance under this Act, the Sec16 retary of the Treasury shall provide to each recipient of

17 the assistance a notice describing the statement made in

18 subsection (a) by the Congress.

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

20 or Federal agency that any person intentionally affixed a

21 label bearing a ‘‘Made in America’’ inscription, or any in22 scription with the same meaning, to any product sold in

23 or shipped to the United States that is not made in the

24 United States, such person shall be ineligible to receive

25 any contract or subcontract made with funds provided
66

S 1398 PCS

1 pursuant to this Act, pursuant to the debarment, suspen2 sion, and ineligibility procedures described in sections

3 9.400 through 9.409 of title 48, Code of Federal Regula4 tions.

5 SEC. 509. Except as otherwise specifically provided

6 by law, not to exceed 50 percent of unobligated balances

7 remaining available at the end of fiscal year 2002 from

8 appropriations made available for salaries and expenses

9 for fiscal year 2002 in this Act, shall remain available

10 through September 30, 2003, for each such account for

11 the purposes authorized: Provided, That a request shall

12 be submitted to the Committees on Appropriations for ap13 proval prior to the expenditure of such funds: Provided

14 further, That these requests shall be made in compliance

15 with reprogramming guidelines.

16 SEC. 510. None of the funds made available in this

17 Act may be used by the Executive Office of the President

18 to request from the Federal Bureau of Investigation any

19 official background investigation report on any individual,

20 except when—

21 (1) such individual has given his or her express

22 written consent for such request not more than 6

23 months prior to the date of such request and during

24 the same presidential administration; or
67

S 1398 PCS

1 (2) such request is required due to extraor2 dinary circumstances involving national security.

3 SEC. 511. The cost accounting standards promul4 gated under section 26 of the Office of Federal Procure5 ment Policy Act (Public Law 93–400; 41 U.S.C. 422)

6 shall not apply with respect to a contract under the Fed7 eral Employees Health Benefits Program established

8 under chapter 89 of title 5, United States Code.

9 SEC. 512. For the purpose of resolving litigation and

10 implementing any settlement agreements regarding the

11 nonforeign area cost-of-living allowance program, the Of12 fice of Personnel Management may accept and utilize

13 (without regard to any restriction on unanticipated travel

14 expenses imposed in an Appropriations Act) funds made

15 available to the Office pursuant to court approval.

16 SEC. 513. Not later than July 1, 2001, the Director

17 of the Office of Management and Budget shall submit a

18 report to the Committee on Appropriations and the Com19 mittee on Governmental Affairs of the Senate and the

20 Committee on Appropriations and the Committee on Gov21 ernment Reform of the House of Representatives that: (1)

22 evaluates, for each agency, the extent to which implemen23 tation of chapter 35 of title 31, United States Code, as

24 amended by the Paperwork Reduction Act of 1995 (Public

25 Law 104–13), has reduced burden imposed by rules issued
68

S 1398 PCS

1 by the agency, including the burden imposed by each

2 major rule issued by the agency; (2) includes a determina3 tion, based on such evaluation, of the need for additional

4 procedures to ensure achievement of the purposes of that

5 chapter, as set forth in section 3501 of title 31, United

6 States Code, and evaluates the burden imposed by each

7 major rule that imposes more than 10,000,000 hours of

8 burden, and identifies specific reductions expected to be

9 achieved in each of fiscal years 2002 and 2003 in the bur10 den imposed by all rules issued by each agency that issued

11 such a major rule.

12 SEC. 514. (a) PROHIBITION OF FEDERAL AGENCY

13 MONITORING OF PERSONAL INFORMATION ON USE OF

14 INTERNET.—None of the funds made available in the

15 Treasury and General Government Appropriations Act,

16 2002 may be used by any Federal agency—

17 (1) to collect, review, or create any aggregate

18 list, derived from any means, that includes the col19 lection of any personally identifiable information re20 lating to an individual’s access to or use of any Fed21 eral government Internet site of the agency; or

22 (2) to enter into any agreement with a third

23 party (including another government agency) to col24 lect, review, or obtain any aggregate list, derived

25 from any means, that includes the collection of any
69

S 1398 PCS

1 personally identifiable information relating to an in2 dividual’s access to or use of any nongovernmental

3 Internet site.

4 (b) EXCEPTIONS.—The limitations established in

5 subsection (a) shall not apply to—

6 (1) any record of aggregate data that does not

7 identify particular persons;

8 (2) any voluntary submission of personally iden9 tifiable information;

10 (3) any action taken for law enforcement, regu11 latory, or supervisory purposes, in accordance with

12 applicable law; or

13 (4) any action described in subsection (a)(1)

14 that is a system security action taken by the oper15 ator of an Internet site and is necessarily incident

16 to the rendition of the Internet site services or to the

17 protection of the rights or property of the provider

18 of the Internet site.

19 (c) DEFINITIONS.—For the purposes of this section:

20 (1) The term ‘‘regulatory’’ means agency ac21 tions to implement, interpret or enforce authorities

22 provided in law.

23 (2) The term ‘‘supervisory’’ means examina24 tions of the agency’s supervised institutions, includ25 ing assessing safety and soundness, overall financial
70

S 1398 PCS

1 condition, management practices and policies and

2 compliance with applicable standards as provided in

3 law.

4 TITLE VI—GENERAL PROVISIONS

5 DEPARTMENTS, AGENCIES, AND CORPORATIONS

6 SEC. 601. Funds appropriated in this or any other

7 Act may be used to pay travel to the United States for

8 the immediate family of employees serving abroad in cases

9 of death or life threatening illness of said employee.

10 SEC. 602. No department, agency, or instrumentality

11 of the United States receiving appropriated funds under

12 this or any other Act for fiscal year 2002 shall obligate

13 or expend any such funds, unless such department, agen14 cy, or instrumentality has in place, and will continue to

15 administer in good faith, a written policy designed to en16 sure that all of its workplaces are free from the illegal

17 use, possession, or distribution of controlled substances

18 (as defined in the Controlled Substances Act) by the offi19 cers and employees of such department, agency, or instru20 mentality.

21 SEC. 603. Unless otherwise specifically provided, the

22 maximum amount allowable during the current fiscal year

23 in accordance with section 16 of the Act of August 2, 1946

24 (60 Stat. 810), for the purchase of any passenger motor

25 vehicle (exclusive of buses, ambulances, law enforcement,
71

S 1398 PCS

1 and undercover surveillance vehicles), is hereby fixed at

2 $8,100 except station wagons for which the maximum

3 shall be $9,100: Provided, That these limits may be ex4 ceeded by not to exceed $3,700 for police-type vehicles,

5 and by not to exceed $4,000 for special heavy-duty vehi6 cles: Provided further, That the limits set forth in this sec7 tion may not be exceeded by more than 5 percent for elec8 tric or hybrid vehicles purchased for demonstration under

9 the provisions of the Electric and Hybrid Vehicle Re10 search, Development, and Demonstration Act of 1976:

11 Provided further, That the limits set forth in this section

12 may be exceeded by the incremental cost of clean alter13 native fuels vehicles acquired pursuant to Public Law

14 101–549 over the cost of comparable conventionally fueled

15 vehicles.

16 SEC. 604. Appropriations of the executive depart17 ments and independent establishments for the current fis18 cal year available for expenses of travel, or for the ex19 penses of the activity concerned, are hereby made available

20 for quarters allowances and cost-of-living allowances, in

21 accordance with 5 U.S.C. 5922–5924.

22 SEC. 605. Unless otherwise specified during the cur23 rent fiscal year, no part of any appropriation contained

24 in this or any other Act shall be used to pay the compensa25 tion of any officer or employee of the Government of the
72

S 1398 PCS

1 United States (including any agency the majority of the

2 stock of which is owned by the Government of the United

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

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

5 States; (2) is a person in the service of the United States

6 on the date of the enactment of this Act who, being eligible

7 for citizenship, has filed a declaration of intention to be8 come a citizen of the United States prior to such date and

9 is actually residing in the United States; (3) is a person

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

11 from Cuba, Poland, South Vietnam, the countries of the

12 former Soviet Union, or the Baltic countries lawfully ad13 mitted to the United States for permanent residence; (5)

14 is a South Vietnamese, Cambodian, or Laotian refugee pa15 roled in the United States after January 1, 1975; or (6)

16 is a national of the People’s Republic of China who quali17 fies for adjustment of status pursuant to the Chinese Stu18 dent Protection Act of 1992: Provided, That for the pur19 pose of this section, an affidavit signed by any such person

20 shall be considered prima facie evidence that the require21 ments of this section with respect to his or her status have

22 been complied with: Provided further, That any person

23 making a false affidavit shall be guilty of a felony, and,

24 upon conviction, shall be fined no more than $4,000 or

25 imprisoned for not more than 1 year, or both: Provided
73

S 1398 PCS

1 further, That the above penal clause shall be in addition

2 to, and not in substitution for, any other provisions of ex3 isting law: Provided further, That any payment made to

4 any officer or employee contrary to the provisions of this

5 section shall be recoverable in action by the Federal Gov6 ernment. This section shall not apply to citizens of Ire7 land, Israel, or the Republic of the Philippines, or to na8 tionals of those countries allied with the United States in

9 a current defense effort, or to international broadcasters

10 employed by the United States Information Agency, or to

11 temporary employment of translators, or to temporary em12 ployment in the field service (not to exceed 60 days) as

13 a result of emergencies.

14 SEC. 606. Appropriations available to any depart15 ment or agency during the current fiscal year for nec16 essary expenses, including maintenance or operating ex17 penses, shall also be available for payment to the General

18 Services Administration for charges for space and services

19 and those expenses of renovation and alteration of build20 ings and facilities which constitute public improvements

21 performed in accordance with the Public Buildings Act of

22 1959 (73 Stat. 749), the Public Buildings Amendments

23 of 1972 (87 Stat. 216), or other applicable law.

24 SEC. 607. In addition to funds provided in this or

25 any other Act, all Federal agencies are authorized to re-
74

S 1398 PCS

1 ceive and use funds resulting from the sale of materials,

2 including Federal records disposed of pursuant to a

3 records schedule recovered through recycling or waste pre4 vention programs. Such funds shall be available until ex5 pended for the following purposes:

6 (1) Acquisition, waste reduction and prevention,

7 and recycling programs as described in Executive

8 Order No. 13101 (September 14, 1998), including

9 any such programs adopted prior to the effective

10 date of the Executive order.

11 (2) Other Federal agency environmental man12 agement programs, including, but not limited to, the

13 development and implementation of hazardous waste

14 management and pollution prevention programs.

15 (3) Other employee programs as authorized by

16 law or as deemed appropriate by the head of the

17 Federal agency.

18 SEC. 608. Funds made available by this or any other

19 Act for administrative expenses in the current fiscal year

20 of the corporations and agencies subject to chapter 91 of

21 title 31, United States Code, shall be available, in addition

22 to objects for which such funds are otherwise available,

23 for rent in the District of Columbia; services in accordance

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

25 head, all the provisions of which shall be applicable to the
75

S 1398 PCS

1 expenditure of such funds unless otherwise specified in the

2 Act by which they are made available: Provided, That in

3 the event any functions budgeted as administrative ex4 penses are subsequently transferred to or paid from other

5 funds, the limitations on administrative expenses shall be

6 correspondingly reduced.

7 SEC. 609. No part of any appropriation for the cur8 rent fiscal year contained in this or any other Act shall

9 be paid to any person for the filling of any position for

10 which he or she has been nominated after the Senate has

11 voted not to approve the nomination of said person.

12 SEC. 610. No part of any appropriation contained in

13 this or any other Act shall be available for interagency

14 financing of boards (except Federal Executive Boards),

15 commissions, councils, committees, or similar groups

16 (whether or not they are interagency entities) which do

17 not have a prior and specific statutory approval to receive

18 financial support from more than one agency or instru19 mentality.

20 SEC. 611. Funds made available by this or any other

21 Act to the Postal Service Fund (39 U.S.C. 2003) shall

22 be available for employment of guards for all buildings and

23 areas owned or occupied by the Postal Service and under

24 the charge and control of the Postal Service, and such

25 guards shall have, with respect to such property, the pow-
76

S 1398 PCS

1 ers of special policemen provided by the first section of

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

3 U.S.C. 318), and, as to property owned or occupied by

4 the Postal Service, the Postmaster General may take the

5 same actions as the Administrator of General Services

6 may take under the provisions of sections 2 and 3 of the

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

8 318a and 318b), attaching thereto penal consequences

9 under the authority and within the limits provided in sec10 tion 4 of the Act of June 1, 1948, as amended (62 Stat.

11 281; 40 U.S.C. 318c).

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

13 to the provisions of this Act shall be used to implement,

14 administer, or enforce any regulation which has been dis15 approved pursuant to a resolution of disapproval duly

16 adopted in accordance with the applicable law of the

17 United States.

18 SEC. 613. (a) Notwithstanding any other provision

19 of law, and except as otherwise provided in this section,

20 no part of any of the funds appropriated for fiscal year

21 2002, by this or any other Act, may be used to pay any

22 prevailing rate employee described in section

23 5342(a)(2)(A) of title 5, United States Code—

24 (1) during the period from the date of expira25 tion of the limitation imposed by section 613 of the
77

S 1398 PCS

1 Treasury and General Government Appropriations

2 Act, 2001, until the normal effective date of the ap3 plicable wage survey adjustment that is to take ef4 fect in fiscal year 2002, in an amount that exceeds

5 the rate payable for the applicable grade and step of

6 the applicable wage schedule in accordance with

7 such section 613; and

8 (2) during the period consisting of the remain9 der of fiscal year 2002, in an amount that exceeds,

10 as a result of a wage survey adjustment, the rate

11 payable under paragraph (1) by more than the sum

12 of—

13 (A) the percentage adjustment taking ef14 fect in fiscal year 2002 under section 5303 of

15 title 5, United States Code, in the rates of pay

16 under the General Schedule; and

17 (B) the difference between the overall aver18 age percentage of the locality-based com19 parability payments taking effect in fiscal year

20 2002 under section 5304 of such title (whether

21 by adjustment or otherwise), and the overall av22 erage percentage of such payments which was

23 effective in fiscal year 2001 under such section.

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

25 prevailing rate employee described in subparagraph (B) or
78

S 1398 PCS

1 (C) of section 5342(a)(2) of title 5, United States Code,

2 and no employee covered by section 5348 of such title,

3 may be paid during the periods for which subsection (a)

4 is in effect at a rate that exceeds the rates that would

5 be payable under subsection (a) were subsection (a) appli6 cable to such employee.

7 (c) For the purposes of this section, the rates payable

8 to an employee who is covered by this section and who

9 is paid from a schedule not in existence on September 30,

10 2001, shall be determined under regulations prescribed by

11 the Office of Personnel Management.

12 (d) Notwithstanding any other provision of law, rates

13 of premium pay for employees subject to this section may

14 not be changed from the rates in effect on September 30,

15 2001, except to the extent determined by the Office of

16 Personnel Management to be consistent with the purpose

17 of this section.

18 (e) This section shall apply with respect to pay for

19 service performed after September 30, 2001.

20 (f) For the purpose of administering any provision

21 of law (including any rule or regulation that provides pre22 mium pay, retirement, life insurance, or any other em23 ployee benefit) that requires any deduction or contribu24 tion, or that imposes any requirement or limitation on the

25 basis of a rate of salary or basic pay, the rate of salary
79

S 1398 PCS

1 or basic pay payable after the application of this section

2 shall be treated as the rate of salary or basic pay.

3 (g) Nothing in this section shall be considered to per4 mit or require the payment to any employee covered by

5 this section at a rate in excess of the rate that would be

6 payable were this section not in effect.

7 (h) The Office of Personnel Management may provide

8 for exceptions to the limitations imposed by this section

9 if the Office determines that such exceptions are necessary

10 to ensure the recruitment or retention of qualified employ11 ees.

12 SEC. 614. During the period in which the head of

13 any department or agency, or any other officer or civilian

14 employee of the Government appointed by the President

15 of the United States, holds office, no funds may be obli16 gated or expended in excess of $5,000 to furnish or re17 decorate the office of such department head, agency head,

18 officer, or employee, or to purchase furniture or make im19 provements for any such office, unless advance notice of

20 such furnishing or redecoration is expressly approved by

21 the Committees on Appropriations. For the purposes of

22 this section, the word ‘‘office’’ shall include the entire suite

23 of offices assigned to the individual, as well as any other

24 space used primarily by the individual or the use of which

25 is directly controlled by the individual.
80

S 1398 PCS

1 SEC. 615. Notwithstanding any other provision of

2 law, no executive branch agency shall purchase, construct,

3 and/or lease any additional facilities, except within or con4 tiguous to existing locations, to be used for the purpose

5 of conducting Federal law enforcement training without

6 the advance approval of the Committees on Appropria7 tions, except that the Federal Law Enforcement Training

8 Center is authorized to obtain the temporary use of addi9 tional facilities by lease, contract, or other agreement for

10 training which cannot be accommodated in existing Center

11 facilities.

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

13 United States Code, or section 610 of this Act, funds

14 made available for fiscal year 2002 by this or any other

15 Act shall be available for the interagency funding of na16 tional security and emergency preparedness telecommuni17 cations initiatives which benefit multiple Federal depart18 ments, agencies, or entities, as provided by Executive

19 Order No. 12472 (April 3, 1984).

20 SEC. 617. (a) None of the funds appropriated by this

21 or any other Act may be obligated or expended by any

22 Federal department, agency, or other instrumentality for

23 the salaries or expenses of any employee appointed to a

24 position of a confidential or policy-determining character

25 excepted from the competitive service pursuant to section
81

S 1398 PCS

1 3302 of title 5, United States Code, without a certification

2 to the Office of Personnel Management from the head of

3 the Federal department, agency, or other instrumentality

4 employing the Schedule C appointee that the Schedule C

5 position was not created solely or primarily in order to

6 detail the employee to the White House.

7 (b) The provisions of this section shall not apply to

8 Federal employees or members of the armed services de9 tailed to or from—

10 (1) the Central Intelligence Agency;

11 (2) the National Security Agency;

12 (3) the Defense Intelligence Agency;

13 (4) the offices within the Department of De14 fense for the collection of specialized national foreign

15 intelligence through reconnaissance programs;

16 (5) the Bureau of Intelligence and Research of

17 the Department of State;

18 (6) any agency, office, or unit of the Army,

19 Navy, Air Force, and Marine Corps, the Federal Bu20 reau of Investigation and the Drug Enforcement Ad21 ministration of the Department of Justice, the De22 partment of Transportation, the Department of the

23 Treasury, and the Department of Energy per24 forming intelligence functions; and

25 (7) the Director of Central Intelligence.
82

S 1398 PCS

1 SEC. 618. No department, agency, or instrumentality

2 of the United States receiving appropriated funds under

3 this or any other Act for fiscal year 2002 shall obligate

4 or expend any such funds, unless such department, agen5 cy, or instrumentality has in place, and will continue to

6 administer in good faith, a written policy designed to en7 sure that all of its workplaces are free from discrimination

8 and sexual harassment and that all of its workplaces are

9 not in violation of title VII of the Civil Rights Act of 1964,

10 as amended, the Age Discrimination in Employment Act

11 of 1967, and the Rehabilitation Act of 1973.

12 SEC. 619. None of the funds made available in this

13 Act for the United States Customs Service may be used

14 to allow the importation into the United States of any

15 good, ware, article, or merchandise mined, produced, or

16 manufactured by forced or indentured child labor, as de17 termined pursuant to section 307 of the Tariff Act of

18 1930 (19 U.S.C. 1307).

19 SEC. 620. No part of any appropriation contained in

20 this or any other Act shall be available for the payment

21 of the salary of any officer or employee of the Federal

22 Government, who—

23 (1) prohibits or prevents, or attempts or threat24 ens to prohibit or prevent, any other officer or em25 ployee of the Federal Government from having any
83

S 1398 PCS

1 direct oral or written communication or contact with

2 any Member, committee, or subcommittee of the

3 Congress in connection with any matter pertaining

4 to the employment of such other officer or employee

5 or pertaining to the department or agency of such

6 other officer or employee in any way, irrespective of

7 whether such communication or contact is at the ini8 tiative of such other officer or employee or in re9 sponse to the request or inquiry of such Member,

10 committee, or subcommittee; or

11 (2) removes, suspends from duty without pay,

12 demotes, reduces in rank, seniority, status, pay, or

13 performance of efficiency rating, denies promotion

14 to, relocates, reassigns, transfers, disciplines, or dis15 criminates in regard to any employment right, enti16 tlement, or benefit, or any term or condition of em17 ployment of, any other officer or employee of the

18 Federal Government, or attempts or threatens to

19 commit any of the foregoing actions with respect to

20 such other officer or employee, by reason of any

21 communication or contact of such other officer or

22 employee with any Member, committee, or sub23 committee of the Congress as described in paragraph

24 (1).
84

S 1398 PCS

1 SEC. 621. (a) None of the funds made available in

2 this or any other Act may be obligated or expended for

3 any employee training that—

4 (1) does not meet identified needs for knowl5 edge, skills, and abilities bearing directly upon the

6 performance of official duties;

7 (2) contains elements likely to induce high lev8 els of emotional response or psychological stress in

9 some participants;

10 (3) does not require prior employee notification

11 of the content and methods to be used in the train12 ing and written end of course evaluation;

13 (4) contains any methods or content associated

14 with religious or quasi-religious belief systems or

15 ‘‘new age’’ belief systems as defined in Equal Em16 ployment Opportunity Commission Notice N–

17 915.022, dated September 2, 1988; or

18 (5) is offensive to, or designed to change, par19 ticipants’ personal values or lifestyle outside the

20 workplace.

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

22 otherwise preclude an agency from conducting training

23 bearing directly upon the performance of official duties.

24 SEC. 622. No funds appropriated in this or any other

25 Act may be used to implement or enforce the agreements
85

S 1398 PCS

1 in Standard Forms 312 and 4414 of the Government or

2 any other nondisclosure policy, form, or agreement if such

3 policy, form, or agreement does not contain the following

4 provisions: ‘‘These restrictions are consistent with and do

5 not supersede, conflict with, or otherwise alter the em6 ployee obligations, rights, or liabilities created by Execu7 tive Order No. 12958; section 7211 of title 5, U.S.C. (gov8 erning disclosures to Congress); section 1034 of title 10,

9 United States Code, as amended by the Military Whistle10 blower Protection Act (governing disclosure to Congress

11 by members of the military); section 2302(b)(8) of title

12 5, United States Code, as amended by the Whistleblower

13 Protection Act (governing disclosures of illegality, waste,

14 fraud, abuse or public health or safety threats); the Intel15 ligence Identities Protection Act of 1982 (50 U.S.C. 421

16 et seq.) (governing disclosures that could expose confiden17 tial Government agents); and the statutes which protect

18 against disclosure that may compromise the national secu19 rity, including sections 641, 793, 794, 798, and 952 of

20 title 18, United States Code, and section 4(b) of the Sub21 versive Activities Act of 1950 (50 U.S.C. 783(b)). The

22 definitions, requirements, obligations, rights, sanctions,

23 and liabilities created by said Executive order and listed

24 statutes are incorporated into this agreement and are con25 trolling.’’: Provided, That notwithstanding the preceding
86

S 1398 PCS

1 paragraph, a nondisclosure policy form or agreement that

2 is to be executed by a person connected with the conduct

3 of an intelligence or intelligence-related activity, other

4 than an employee or officer of the United States Govern5 ment, may contain provisions appropriate to the particular

6 activity for which such document is to be used. Such form

7 or agreement shall, at a minimum, require that the person

8 will not disclose any classified information received in the

9 course of such activity unless specifically authorized to do

10 so by the United States Government. Such nondisclosure

11 forms shall also make it clear that they do not bar disclo12 sures to Congress or to an authorized official of an execu13 tive agency or the Department of Justice that are essential

14 to reporting a substantial violation of law.

15 SEC. 623. No part of any funds appropriated in this

16 or any other Act shall be used by an agency of the execu17 tive branch, other than for normal and recognized execu18 tive-legislative relationships, for publicity or propaganda

19 purposes, and for the preparation, distribution or use of

20 any kit, pamphlet, booklet, publication, radio, television or

21 film presentation designed to support or defeat legislation

22 pending before the Congress, except in presentation to the

23 Congress itself.

24 SEC. 624. None of the funds appropriated by this or

25 any other Act may be used by an agency to provide a Fed-
87

S 1398 PCS

1 eral employee’s home address to any labor organization

2 except when the employee has authorized such disclosure

3 or when such disclosure has been ordered by a court of

4 competent jurisdiction.

5 SEC. 625. None of the funds made available in this

6 Act or any other Act may be used to provide any non7 public information such as mailing or telephone lists to

8 any person or any organization outside of the Federal

9 Government without the approval of the Committees on

10 Appropriations.

11 SEC. 626. No part of any appropriation contained in

12 this or any other Act shall be used for publicity or propa13 ganda purposes within the United States not heretofore

14 authorized by the Congress.

15 SEC. 627. (a) In this section the term ‘‘agency’’—

16 (1) means an Executive agency as defined

17 under section 105 of title 5, United States Code;

18 (2) includes a military department as defined

19 under section 102 of such title, the Postal Service,

20 and the Postal Rate Commission; and

21 (3) shall not include the General Accounting

22 Office.

23 (b) Unless authorized in accordance with law or regu24 lations to use such time for other purposes, an employee

25 of an agency shall use official time in an honest effort
88

S 1398 PCS

1 to perform official duties. An employee not under a leave

2 system, including a Presidential appointee exempted under

3 section 6301(2) of title 5, United States Code, has an obli4 gation to expend an honest effort and a reasonable propor5 tion of such employee’s time in the performance of official

6 duties.

7 SEC. 628. (a) None of the funds appropriated by this

8 Act may be used to enter into or renew a contract which

9 includes a provision providing prescription drug coverage,

10 except where the contract also includes a provision for con11 traceptive coverage.

12 (b) Nothing in this section shall apply to a contract

13 with—

14 (1) any of the following religious plans:

15 (A) Personal Care’s HMO;

16 (B) OSF Health Plans, Inc.; and

17 (2) any existing or future plan, if the carrier

18 for the plan objects to such coverage on the basis of

19 religious beliefs.

20 (c) In implementing this section, any plan that enters

21 into or renews a contract under this section may not sub22 ject any individual to discrimination on the basis that the

23 individual refuses to prescribe or otherwise provide for

24 contraceptives because such activities would be contrary

25 to the individual’s religious beliefs or moral convictions.
89

S 1398 PCS

1 (d) Nothing in this section shall be construed to re2 quire coverage of abortion or abortion-related services.

3 SEC. 629. Notwithstanding 31 U.S.C. 1346 and sec4 tion 610 of this Act, funds made available for fiscal year

5 2002 by this or any other Act to any department or agen6 cy, which is a member of the Joint Financial Management

7 Improvement Program (JFMIP), shall be available to fi8 nance an appropriate share of JFMIP administrative

9 costs, as determined by the JFMIP, but not to exceed a

10 total of $800,000 including the salary of the Executive

11 Director and staff support.

12 SEC. 630. Notwithstanding 31 U.S.C. 1346 and sec13 tion 610 of this Act, the head of each Executive depart14 ment and agency is hereby authorized to transfer to the

15 ‘‘Policy and Operations’’ account, General Services Ad16 ministration, with the approval of the Director of the Of17 fice of Management and Budget, funds made available for

18 fiscal year 2002 by this or any other Act, including rebates

19 from charge card and other contracts. These funds shall

20 be administered by the Administrator of General Services

21 to support Government-wide financial, information tech22 nology, procurement, and other management innovations,

23 initiatives, and activities, as approved by the Director of

24 the Office of Management and Budget, in consultation

25 with the appropriate interagency groups designated by the
90

S 1398 PCS

1 Director (including the Chief Financial Officers Council

2 and the Joint Financial Management Improvement Pro3 gram for financial management initiatives, the Chief In4 formation Officers Council for information technology ini5 tiatives, and the Procurement Executives Council for pro6 curement initiatives). The total funds transferred shall not

7 exceed $17,000,000. Such transfers may only be made 15

8 days following notification of the Committees on Appro9 priations by the Director of the Office of Management and

10 Budget.

11 SEC. 631. (a) IN GENERAL.—Hereafter, in accord12 ance with regulations promulgated by the Office of Per13 sonnel Management, an Executive agency which provides

14 or proposes to provide child care services for Federal em15 ployees may use appropriated funds (otherwise available

16 to such agency for salaries and expenses) to provide child

17 care, in a Federal or leased facility, or through contract,

18 for civilian employees of such agency.

19 (b) AFFORDABILITY.—Amounts so provided with re20 spect to any such facility or contractor shall be applied

21 to improve the affordability of child care for lower income

22 Federal employees using or seeking to use the child care

23 services offered by such facility or contractor.

24 (c) ADVANCES.—Notwithstanding 31 U.S.C. 3324,

25 amounts paid to licensed or regulated child care providers
91

S 1398 PCS

1 may be in advance of services rendered, covering agreed

2 upon periods, as appropriate.

3 (d) DEFINITION.—For purposes of this section, the

4 term ‘‘Executive agency’’ has the meaning given such term

5 by section 105 of title 5, United States Code, but does

6 not include the General Accounting Office.

7 (e) NOTIFICATION.—None of the funds made avail8 able in this or any other Act may be used to implement

9 the provisions of this section absent advance notification

10 to the Committees on Appropriations.

11 SEC. 632. Notwithstanding any other provision of

12 law, a woman may breastfeed her child at any location

13 in a Federal building or on Federal property, if the woman

14 and her child are otherwise authorized to be present at

15 the location.

16 SEC. 633. Nothwithstanding section 1346 of title 31,

17 United States Code, or section 610 of this Act, funds

18 made available for fiscal year 2002 by this or any other

19 Act shall be available for the interagency funding of spe20 cific projects, workshops, studies, and similar efforts to

21 carry out the purposes of the National Science and Tech22 nology Council (authorized by Executive Order No.

23 12881), which benefit multiple Federal departments,

24 agencies, or entities: Provided, That the Office of Manage25 ment and Budget shall provide a report describing the
92

S 1398 PCS

1 budget of and resources connected with the National

2 Science and Technology Council to the Committees on Ap3 propriations, the House Committee on Science; and the

4 Senate Committee on Commerce, Science, and Transpor5 tation 90 days after enactment of this Act.

6 SEC. 634. FEDERAL FUNDS IDENTIFIED. Any re7 quest for proposals, solicitation, grant application, form,

8 notification, press release, or other publications involving

9 the distribution of Federal funds shall indicate the agency

10 providing the funds and the amount provided. This provi11 sion shall apply to direct payments, formula funds, and

12 grants received by a State receiving Federal funds.

13 SEC. 635. Subsection (f) of section 403 of Public Law

14 103–356 is amended by deleting ‘‘October 1, 2001’’ and

15 inserting ‘‘October 1, 2002’’.

16 SEC. 636. Section 6 of Public Law 93–346 as amend17 ed (3 U.S.C. 111 note) is amended by inserting ‘‘, or for

18 use at official functions in or about,’’ after ‘‘about’’.

19 SEC. 637. During fiscal year 2002 and thereafter, the

20 head of an entity named in 3 U.S.C. 112 may, with respect

21 to civilian personnel of any branch of the Federal govern22 ment performing duties in such entity, exercise authority

23 comparable to the authority that may by law (including

24 chapter 57 and sections 8344 and 8468 of title 5, United

25 States Code) be exercised with respect to the employees
93

S 1398 PCS

1 of an Executive agency (as defined in 5 U.S.C. 105) by

2 the head of such Executive agency, and the authority

3 granted by this section shall be in addition to any other

4 authority available in law.

5 SEC. 638. Section 3 of Public Law 93–346 as amend6 ed (3 U.S.C. 111 note) is amended by inserting ‘‘, utilities

7 (including electrical) for,’’ after ‘‘military staffing’’.

8 SEC. 639. The Congress of the United States recog9 nizes the United States Anti-Doping Agency (USADA) as

10 the official anti-doping agency for Olympic, Pan Amer11 ican, and Paralympic sport in the United States.

12 SEC. 640. (a) Section 1238(e)(3) of the Floyd D.

13 Spence National Defense Authorization Act for Fiscal

14 Year 2001 (as enacted by Public Law 106–398) is amend15 ed by adding at the end the following: ‘‘The executive di16 rector and any personnel who are employees of the United

17 States-China Security Review Commission shall be em18 ployees under section 2105 of title 5, United States Code,

19 for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and

20 90 of that title.’’.

21 (b) The amendment made by this section shall take

22 effect on January 3, 2001.

23 SEC. 641. (a) The adjustment in rates of basic pay

24 for the statutory pay systems that takes effect in fiscal
94

S 1398 PCS

1 year 2002 under sections 5303 and 5304 of title 5, United

2 States Code, shall be an increase of 4.6 percent.

3 (b) Funds used to carry out this section shall be paid

4 from appropriations which are made to each applicable de5 partment or agency for salaries and expenses for fiscal

6 year 2002.

7 SEC. 642. Not later than six months after the date

8 of enactment of this Act, the Inspector General of each

9 applicable department or agency shall submit to the Com10 mittee on Appropriations a report detailing what policies

11 and procedures are in place for each department or agency

12 to give first priority to the location of new offices and

13 other facilities in rural areas, as directed by the Rural De14 velopment Act of 1972.

15 This Act may be cited as the ‘‘Treasury and General

16 Government Appropriations Act, 2002’’.
Calendar No. 146

107TH CONGRESS

1ST SESSION S. 1398

[Report No. 107–57]

A BILL

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.

SEPTEMBER 4, 2001

Read twice and placed on the calendar