H. R. 2590—36
furnishing or redecoration is expressly approved by the Committees
on Appropriations. For the purposes of this section, the word ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.
SEC. 615. Notwithstanding any other provision of law, no execu-
tive branch agency shall purchase, construct, and/or lease any addi-
tional facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law enforcement
training without the advance approval of the Committees on Appro-
priations, except that the Federal Law Enforcement Training Center
is authorized to obtain the temporary use of additional facilities
by lease, contract, or other agreement for training which cannot
be accommodated in existing Center facilities.
SEC. 616. Notwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available for
fiscal year 2002 by this or any other Act shall be available for
the interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit multiple
Federal departments, agencies, or entities, as provided by Executive
Order No. 12472 (April 3, 1984).
SEC. 617. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal department,
agency, or other instrumentality for the salaries or expenses of
any employee appointed to a position of a confidential or policy-
determining character excepted from the competitive service pursu-
ant to section 3302 of title 5, United States Code, without a certifi-
cation to the Office of Personnel Management from the head of
the Federal department, agency, or other instrumentality employing
the Schedule C appointee that the Schedule C position was not
created solely or primarily in order to detail the employee to the
White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Depart-
ment of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department
of Justice, the Department of Transportation, the Department
of the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
SEC. 618. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2002 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from discrimi-
nation and sexual harassment and that all of its workplaces are
not in violation of title VII of the Civil Rights Act of 1964, as
H. R. 2590—37
amended, the Age Discrimination in Employment Act of 1967, and
the Rehabilitation Act of 1973.
SEC. 619. None of the funds made available in this Act for
the United States Customs Service may be used to allow—
(1) the importation into the United States of any good,
ware, article, or merchandise mined, produced, or manufactured
by forced or indentured child labor, as determined pursuant
to section 307 of the Tariff Act of 1930 (19 U.S.C. 1307);
or
(2) the release into the United States of any good, ware,
article, or merchandise on which the United States Customs
Service has in effect a detention order, pursuant to such section
307, on the basis that the good, ware, article, or merchandise
may have been mined, produced, or manufactured by forced
or indentured child labor.
SEC. 620. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
(1) prohibits or prevents, or attempts or threatens to pro-
hibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communica-
tion or contact with any Member, committee, or subcommittee
of the Congress in connection with any matter pertaining to
the employment of such other officer or employee or pertaining
to the department or agency of such other officer or employee
in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member, com-
mittee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or employee,
by reason of any communication or contact of such other officer
or employee with any Member, committee, or subcommittee
of the Congress as described in paragraph (1).
SEC. 621. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emo-
tional response or psychological stress in some participants;
(3) does not require prior employee notification of the con-
tent and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with reli-
gious or quasi-religious belief systems or ‘‘new age’’ belief sys-
tems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
H. R. 2590—38
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 622. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does
not contain the following provisions: ‘‘These restrictions are con-
sistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code (gov-
erning disclosures to Congress); section 1034 of title 10, United
States Code, as amended by the Military Whistleblower Protection
Act (governing disclosure to Congress by members of the military);
section 2302(b)(8) of title 5, United States Code, as amended by
the Whistleblower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the Intel-
ligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government
agents); and the statutes which protect against disclosure that
may compromise the national security, including sections 641, 793,
794, 798, and 952 of title 18, United States Code, and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)).
The definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes are
incorporated into this agreement and are controlling.’’: Provided,
That notwithstanding the preceding paragraph, a nondisclosure
policy form or agreement that is to be executed by a person con-
nected with the conduct of an intelligence or intelligence-related
activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not
disclose any classified information received in the course of such
activity unless specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear
that they do not bar disclosures to Congress or to an authorized
official of an executive agency or the Department of Justice that
are essential to reporting a substantial violation of law.
SEC. 623. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relation-
ships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television or film presentation designed to support or defeat legisla-
tion pending before the Congress, except in presentation to the
Congress itself.
SEC. 624. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 625. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations.
H. R. 2590—39
SEC. 626. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda purposes
within the United States not heretofore authorized by the Congress.
SEC. 627. (a) In this section the term ‘‘agency’’—
(1) means an Executive agency as defined under section
105 of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the General Accounting Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under section 6301(2) of title 5, United States
Code, has an obligation to expend an honest effort and a reasonable
proportion of such employee’s time in the performance of official
duties.
SEC. 628. Notwithstanding 31 U.S.C. 1346 and section 610
of this Act, funds made available for fiscal year 2002 by this
or any other Act to any department or agency, which is a member
of the Joint Financial Management Improvement Program (JFMIP),
shall be available to finance an appropriate share of JFMIP
administrative costs, as determined by the JFMIP, but not to exceed
a total of $800,000 including the salary of the Executive Director
and staff support.
SEC. 629. Notwithstanding 31 U.S.C. 1346 and section 610
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to the ‘‘Policy and Operations’’
account, General Services Administration, with the approval of
the Director of the Office of Management and Budget, funds made
available for fiscal year 2002 by this or any other Act, including
rebates from charge card and other contracts. These funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement,
and other management innovations, initiatives, and activities, as
approved by the Director of the Office of Management and Budget,
in consultation with the appropriate interagency groups designated
by the Director (including the Chief Financial Officers Council
and the Joint Financial Management Improvement Program for
financial management initiatives, the Chief Information Officers
Council for information technology initiatives, and the Procurement
Executives Council for procurement initiatives). The total funds
transferred shall not exceed $17,000,000. Such transfers may only
be made 15 days following notification of the Committees on Appro-
priations by the Director of the Office of Management and Budget.
SEC. 630. (a) IN GENERAL.—Hereafter, in accordance with regu-
lations promulgated by the Office of Personnel Management, an
Executive agency which provides or proposes to provide child care
services for Federal employees may use appropriated funds (other-
wise available to such agency for salaries and expenses) to provide
child care, in a Federal or leased facility, or through contract,
for civilian employees of such agency.
(b) AFFORDABILITY.—Amounts so provided with respect to any
such facility or contractor shall be applied to improve the afford-
ability of child care for lower income Federal employees using