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reau of Investigation and the Drug Enforcement Ad-
ministration of the Department of Justice, the De-
partment 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 admin-
ister in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sex-
ual harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964, as
amended, the Age Discrimination in Employment Act of
1967, and the Rehabilitation Act of 1973.
SEC. 619. None of the funds made available in this
Act for the United States Customs Service may be used to
allow the importation into the United States of any good,
ware, article, or merchandise mined, produced, or manufac-
tured by forced or indentured child labor, as determined
pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C.
1307).
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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 Gov-
ernment, who—
(1) prohibits or prevents, or attempts or threat-
ens to prohibit or prevent, any other officer or em-
ployee of the Federal Government from having any
direct oral or written communication or contact with
any Member, committee, or subcommittee of the Con-
gress in connection with any matter pertaining to the
employment of such other officer or employee or per-
taining to the department or agency of such other of-
ficer 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 re-
quest or inquiry of such Member, committee, or sub-
committee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance of efficiency rating, denies promotion to,
relocates, reassigns, transfers, disciplines, or discrimi-
nates 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 Govern-
ment, or attempts or threatens to commit any of the
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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 de-
scribed 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 em-
ployee training that—
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the perform-
ance of official duties;
(2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;
(3) does not require prior employee notification
of the content and methods to be used in the training
and written end of course evaluation;
(4) contains any methods or content associated
with religious or quasi-religious belief systems or
‘‘new age’’ belief systems as defined in Equal Employ-
ment Opportunity Commission Notice N–915.022,
dated September 2, 1988; or
(5) is offensive to, or designed to change, partici-
pants’ personal values or lifestyle outside the work-
place.
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(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training
bearing directly upon the performance of official duties.
SEC. 622. No funds appropriated in this or any other
Act may be used to implement or enforce the agreements
in Standard Forms 312 and 4414 of the Government or
any other nondisclosure policy, form, or agreement if such
policy, form, or agreement does not contain the following
provisions: ‘‘These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order
No. 12958; section 7211 of title 5, U.S.C. (governing disclo-
sures to Congress); section 1034 of title 10, United States
Code, as amended by the Military Whistleblower Protection
Act (governing disclosure to Congress by members of the
military); section 2302(b)(8) of title 5, United States Code,
as amended by the Whistleblower Protection Act (governing
disclosures of illegality, waste, fraud, abuse or public health
or safety threats); the Intelligence Identities Protection Act
of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that
could expose confidential Government agents); and the stat-
utes 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)).
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The definitions, requirements, obligations, rights, sanctions,
and liabilities created by said Executive order and listed
statutes are incorporated into this agreement and are con-
trolling.’’: Provided, That notwithstanding the preceding
paragraph, a nondisclosure policy form or agreement that
is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than
an employee or officer of the United States Government,
may contain provisions appropriate to the particular activ-
ity 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 disclo-
sures 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-leg-
islative relationships, for publicity or propaganda pur-
poses, and for the preparation, distribution or use of any
kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pend-
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ing before the Congress, except in presentation to the Con-
gress itself.
SEC. 624. None of the funds appropriated by this or
any other Act may be used by an agency to provide a Fed-
eral employee’s home address to any labor organization ex-
cept when the employee has authorized such disclosure or
when such disclosure has been ordered by a court of com-
petent 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 per-
son or any organization outside of the Federal Government
without the approval of the Committees on Appropriations.
SEC. 626. No part of any appropriation contained in
this or any other Act shall be used for publicity or propa-
ganda purposes within the United States not heretofore au-
thorized 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 Of-
fice.
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(b) Unless authorized in accordance with law or regu-
lations 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 sys-
tem, including a Presidential appointee exempted under
section 6301(2) of title 5, United States Code, has an obliga-
tion to expend an honest effort and a reasonable proportion
of such employee’s time in the performance of official duties.
SEC. 628. (a) None of the funds appropriated by this
Act may be used to enter into or renew a contract which
includes a provision providing prescription drug coverage,
except where the contract also includes a provision for con-
traceptive coverage.
(b) Nothing in this section shall apply to a contract
with—
(1) any of the following religious plans:
(A) Personal Care’s HMO;
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of reli-
gious beliefs.
(c) In implementing this section, any plan that enters
into or renews a contract under this section may not subject
any individual to discrimination on the basis that the indi-
vidual refuses to prescribe or otherwise provide for contra-
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ceptives because such activities would be contrary to the in-
dividual’s religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
SEC. 629. 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 Im-
provement Program (JFMIP), shall be available to finance
an appropriate share of JFMIP administrative costs, as de-
termined by the JFMIP, but not to exceed a total of
$800,000 including the salary of the Executive Director and
staff support.
SEC. 630. 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 Manage-
ment 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 Govern-
ment-wide financial, information technology, procurement,
and other management innovations, initiatives, and activi-
ties, as approved by the Director of the Office of Manage-
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ment and Budget, in consultation with the appropriate
interagency groups designated by the Director (including
the Chief Financial Officers Council and the Joint Finan-
cial Management Improvement Program for financial man-
agement 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 trans-
fers may only be made 15 days following notification of
the Committees on Appropriations by the Director of the
Office of Management and Budget.
SEC. 631. (a) IN GENERAL.—Hereafter, in accordance
with regulations promulgated by the Office of Personnel
Management, an Executive agency which provides or pro-
poses to provide child care services for Federal employees
may use appropriated funds (otherwise available to such
agency for salaries and expenses) to provide child care, in
a Federal or leased facility, or through contract, for civilian
employees of such agency.
(b) AFFORDABILITY.—Amounts so provided with re-
spect to any such facility or contractor shall be applied to
improve the affordability of child care for lower income
Federal employees using or seeking to use the child care
services offered by such facility or contractor.
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(c) ADVANCES.—Notwithstanding 31 U.S.C. 3324,
amounts paid to licensed or regulated child care providers
may be in advance of services rendered, covering agreed
upon periods, as appropriate.
(d) DEFINITION.—For purposes of this section, the
term ‘‘Executive agency’’ has the meaning given such term
by section 105 of title 5, United States Code, but does not
include the General Accounting Office.
(e) NOTIFICATION.—None of the funds made available
in this or any other Act may be used to implement the pro-
visions of this section absent advance notification to the
Committees on Appropriations.
SEC. 632. Notwithstanding any other provision of law,
a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and
her child are otherwise authorized to be present at the loca-
tion.
SEC. 633. Nothwithstanding section 1346 of title 31,
United States Code, or section 610 of this Act, funds made
available for fiscal year 2002 by this or any other Act shall
be available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the pur-
poses of the National Science and Technology Council (au-
thorized by Executive Order No. 12881), which benefit mul-
tiple Federal departments, agencies, or entities: Provided,
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That the Office of Management and Budget shall provide
a report describing the budget of and resources connected
with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on
Science; and the Senate Committee on Commerce, Science,
and Transportation 90 days after enactment of this Act.
SEC. 634. FEDERAL FUNDS IDENTIFIED. Any request
for proposals, solicitation, grant application, form, notifi-
cation, press release, or other publications involving the dis-
tribution of Federal funds shall indicate the agency pro-
viding the funds and the amount provided. This provision
shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
SEC. 635. Subsection (f) of section 403 of Public Law
103–356 is amended by deleting ‘‘October 1, 2001’’ and in-
serting ‘‘October 1, 2002’’.
SEC. 636. Section 6 of Public Law 93–346 as amended
(3 U.S.C. 111 note) is amended by inserting ‘‘, or for use
at official functions in or about,’’ after ‘‘about’’.
SEC. 637. During fiscal year 2002 and thereafter, the
head of an entity named in 3 U.S.C. 112 may, with respect
to civilian personnel of any branch of the Federal govern-
ment performing duties in such entity, exercise authority
comparable to the authority that may by law (including
chapter 57 and sections 8344 and 8468 of title 5, United
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States Code) be exercised with respect to the employees of
an Executive agency (as defined in 5 U.S.C. 105) by the
head of such Executive agency, and the authority granted
by this section shall be in addition to any other authority
available in law.
SEC. 638. Section 3 of Public Law 93–346 as amended
(3 U.S.C. 111 note) is amended by inserting ‘‘, utilities (in-
cluding electrical) for,’’ after ‘‘military staffing’’.
SEC. 639. The Congress of the United States recognizes
the United States Anti-Doping Agency (USADA) as the of-
ficial anti-doping agency for Olympic, Pan American, and
Paralympic sport in the United States.
SEC. 640. (a) Section 1238(e)(3) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted by Public Law 106–398) is amended by
adding at the end the following: ‘‘The executive director and
any personnel who are employees of the United States-
China Security Review Commission shall be employees
under section 2105 of title 5, United States Code, for pur-
poses of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that
title.’’.
(b) The amendment made by this section shall take ef-
fect on January 3, 2001.
SEC. 641. (a) The adjustment in rates of basic pay
for the statutory pay systems that takes effect in fiscal year
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2002 under sections 5303 and 5304 of title 5, United States
Code, shall be an increase of 4.6 percent.
(b) Funds used to carry out this section shall be paid
from appropriations which are made to each applicable de-
partment or agency for salaries and expenses for fiscal year
2002.
SEC. 642. Not later than six months after the date of
enactment of this Act, the Inspector General of each appli-
cable department or agency shall submit to the Committee
on Appropriations a report detailing what policies and pro-
cedures are in place for each department or agency to give
first priority to the location of new offices and other facili-
ties in rural areas, as directed by the Rural Development
Act of 1972.
SEC. 643. DEADLINE FOR SUBMISSION OF ANNUAL
REPORTS BY UNITED STATES-CHINA SECURITY REVIEW
COMMISSION. Section 1238(c)(1) of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by section 1 of Public Law 106–398) is
amended by striking ‘‘March’’ and inserting ‘‘May’’.
SEC. 644. Subsection (a) of section 2105 of title 44,
United States Code, is amended to read as follows:
‘‘(a)(1) The Archivist is authorized to select, appoint,
employ, and fix the compensation of such officers and em-
ployees, pursuant to part III of title 5, as are necessary
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to perform the functions of the Archivist and the Adminis-
tration.
‘‘(2) Notwithstanding paragraph (1), the Archivist is
authorized to appoint, subject to the consultation require-
ments set forth in paragraph (f)(2) of section 2203 of this
title, a director at each Presidential archival depository es-
tablished under section 2112 of this title. The Archivist may
appoint a director without regard to subchapter I and sub-
chapter VIII of chapter 33 of title 5, United States Code,
governing appointments in the competitive service and the
Senior Executive Service. A director so appointed shall be
responsible for the care and preservation of the Presidential
records and historical materials deposited in a Presidential
archival depository, shall serve at the pleasure of the Archi-
vist and shall perform such other functions as the Archivist
may specify.’’.
SEC. 645. REAUTHORIZATION OF BREAST CANCER RE-
SEARCH SPECIAL POSTAGE STAMP. (a) SHORT TITLE.—
This section may be cited as the ‘‘Breast Cancer Research
Stamp Act of 2001’’.
(b) REAUTHORIZATION AND INAPPLICABILITY OF LIMI-
TATION.—
(1) IN
GENERAL.—Section 414 of title 39,
United States Code, is amended by striking subsection
(g) and inserting the following:
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‘‘(g) For purposes of section 416 (including any regu-
lation prescribed under subsection (e)(1)(C) of that section),
the special postage stamp issued under this section shall not
apply to any limitation relating to whether more than 1
semipostal may be offered for sale at the same time.
‘‘(h) This section shall cease to be effective after July
29, 2008.’’.
(2) EFFECTIVE DATE.—The amendment made by
this subsection shall take effect on the earlier of—
(A) the date of enactment of this Act; or
(B) July 29, 2002.
(c) RATE OF POSTAGE.—Section 414(b) of title 39,
United States Code, is amended—
(1) in paragraph (1), by striking ‘‘of not to ex-
ceed 25 percent’’ and inserting ‘‘of not less than 15
percent’’; and
(2) by adding after the sentence following para-
graph (3) the following: ‘‘The special rate of postage
of an individual stamp under this section shall be an
amount that is evenly divisible by 5.’’.
SEC. 646. AMENDMENT TO TITLE 39. Section 5402(d)
of title 39, United States Code, is amended by—
(1) inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) inserting at the end the following:
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‘‘(2)(A) In the exercise of its authority under para-
graph (1), the Postal Service may require any air carrier
to accept as mail shipments of day-old poultry and such
other live animals as postal regulations allow to be trans-
mitted as mail matter. The authority of the Postal Service
under this subparagraph shall not apply in the case of any
air carrier who commonly and regularly refuses to accept
any live animals as cargo.
‘‘(B) Notwithstanding any other provision of law, the
Postal Service is authorized to assess, as postage to be paid
by the mailers of any shipments covered by subparagraph
(A), a reasonable surcharge that the Postal Service deter-
mines in its discretion to be adequate to compensate air
carriers for any necessary additional expense incurred in
handling such shipments.
‘‘(C) The authority of the Postal Service under sub-
paragraph (B) shall apply during the period beginning on
the date of enactment of this paragraph, and ending Sep-
tember 30, 2005.’’.
SEC. 647. (a) From funds made available by this or
any other Act, the Secretary of the Treasury may provide
for the administrative costs for the issuance of bonds, to
be known as ‘‘War Bonds’’, under section 3102 of title 31,
United States Code, in response to the acts of terrorism per-
petrated against the United States on September 11, 2001.
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to the General Service Administration under provisions of
existing contracts for the purchase of heavy-duty transit
buses.
TITLE VII—THE 9/11 HEROES
STAMP ACT OF 2001
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘9/11 Heroes Stamp Act
of 2001’’.
SEC. 702. REQUIREMENT THAT A SPECIAL COMMEMORA-
TIVE POSTAGE STAMP BE DESIGNED AND
ISSUED.
(a) IN GENERAL.—In order to afford the public a di-
rect and tangible way to provide assistance to the families
of emergency relief personnel killed or permanently disabled
in the line of duty in connection with the terrorist attacks
against the United States on September 11, 2001, the
United States Postal Service shall issue a semipostal in ac-
cordance with subsection (b).
(b) REQUIREMENTS.—The provisions of section 416 of
title 39, United States Code, shall apply as practicable with
respect to the semipostal described in subsection (a), subject
to the following:
(1) RATE OF POSTAGE.—Section 414(b) of title
39, United States Code, is amended—