SEC. 617. 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, agen-
cy, or instrumentality has in place, and will continue to
administer in good faith, a written policy designed to en-
sure that all of its workplaces are free from discrimination
and sexual harassment and that all of its workplaces are
not in violation of title VII of the Civil Rights Act of 1964,
as amended, the Age Discrimination in Employment Act
of 1967, and the Rehabilitation Act of 1973.
SEC. 618. 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
manufactured by forced or indentured child labor, as de-
termined pursuant to section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
SEC. 619. 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 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
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 ini-
tiative of such other officer or employee or in re-
sponse to the request or inquiry of such Member,
committee, or subcommittee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance or efficiency rating, denies promotion
to, relocates, reassigns, transfers, disciplines, or dis-
criminates in regard to any employment right, enti-
tlement, or benefit, or any term or condition of em-
ployment 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 sub-
committee of the Congress as described in paragraph
(1).
SEC. 620. (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 knowl-
edge, skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high lev-
els 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 train-
ing 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 Em-
ployment 
Opportunity 
Commission 
Notice 
N–
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, par-
ticipants’ personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training
bearing directly upon the performance of official duties.
SEC. 621. 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 em-
ployee obligations, rights, or liabilities created by Execu-
tive Order No. 12958; section 7211 of title 5, United
States Code (governing disclosures to Congress); section
1034 of title 10, United States Code, as amended by the
Military Whistleblower Protection Act (governing disclo-
sure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by
the Whistleblower Protection Act (governing disclosures of
illegality, waste, fraud, abuse or public health or safety
threats); the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the statutes
which protect against disclosure that may compromise the
national security, including sections 641, 793, 794, 798,
and 952 of title 18, United States Code, and section 4(b)
of the Subversive Activities Act of 1950 (50 U.S.C.
783(b)). The definitions, requirements, obligations, rights,
sanctions, and liabilities created by said Executive order
and listed statutes are incorporated into this agreement
and are controlling.’’: Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agree-
ment that is to be executed by a person connected with
the conduct of an intelligence or intelligence-related activ-
ity, 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 re-
ceived in the course of such activity unless specifically au-
thorized 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. 622. No part of any funds appropriated in this
or any other Act shall be used by an agency of the execu-
tive branch, other than for normal and recognized execu-
tive-legislative relationships, for publicity or propaganda
purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or
film presentation designed to support or defeat legislation
pending before the Congress, except in presentation to the
Congress itself.
SEC. 623. 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
except when the employee has authorized such disclosure
or when such disclosure has been ordered by a court of
competent jurisdiction.
SEC. 624. None of the funds made available in this
Act or any other Act may be used to provide any non-
public information such as mailing or telephone lists to
any person or any organization outside of the Federal
Government without the approval of the Committees on
Appropriations.
SEC. 625. 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
authorized by the Congress.
SEC. 626. (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 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
system, including a Presidential appointee exempted under
section 6301(2) of title 5, United States Code, has an obli-
gation to expend an honest effort and a reasonable propor-
tion of such employee’s time in the performance of official
duties.
SEC. 627. Notwithstanding 31 U.S.C. 1346 and sec-
tion 609 of this Act, funds made available for fiscal year
2002 by this or any other Act to any department or agen-
cy, which is a member of the Joint Financial Management
Improvement Program (JFMIP), shall be available to fi-
nance 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. 628. Notwithstanding 31 U.S.C. 1346 and sec-
tion 609 of this Act, the head of each Executive depart-
ment and agency is hereby authorized to transfer to the
‘‘Policy and Operations’’ account, General Services Ad-
ministration, with the approval of the Director of the Of-
fice 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 tech-
nology, 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 Pro-
gram for financial management initiatives, the Chief In-
formation Officers Council for information technology ini-
tiatives, and the Procurement Executives Council for pro-
curement 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. 629. (a) IN GENERAL.—In accordance with reg-
ulations promulgated by the Office of Personnel Manage-
ment, an Executive agency which provides or proposes to
provide child care services for Federal employees may use
appropriated funds (otherwise available to such agency for
salaries and expenses) to provide child care, in a Federal
or leased facility, or through contract, for civilian employ-
ees 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.
(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 avail-
able in this or any other Act may be used to implement
the provisions of this section absent advance notification
to the Committees on Appropriations.
SEC. 630. Notwithstanding any other provision of
law, a woman may breastfeed her child at any location
in a Federal building or on Federal property, if the woman
and her child are otherwise authorized to be present at
the location.
SEC. 631. Nothwithstanding section 1346 of title 31,
United States Code, or section 609 of this Act, funds
made available for fiscal year 2002 by this or any other
Act shall be available for the interagency funding of spe-
cific projects, workshops, studies, and similar efforts to
carry out the purposes of the National Science and Tech-
nology Council (authorized by Executive Order No.
12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Manage-
ment and Budget shall provide a report describing the
budget of and resources connected with the National
Science and Technology Council to the Committees on Ap-
propriations, the House Committee on Science; and the
Senate Committee on Commerce, Science, and Transpor-
tation 90 days after enactment of this Act.
SEC. 632. Any request for proposals, solicitation,
grant application, form, notification, press release, or
other publications involving the distribution of Federal
funds shall indicate the agency providing the funds and
the amount provided. This provision shall apply to direct
payments, formula funds, and grants received by a State
receiving Federal funds.
SEC. 633. Subsection (f) of section 403 of Public Law
103–356 (31 U.S.C. 501 note) is amended by striking
‘‘October 1, 2001’’ and inserting ‘‘October 1, 2002’’.
SEC. 634. Section 3 of Public Law 93–346 as amend-
ed (3 U.S.C. 111 note) is amended by inserting ‘‘, utilities
(including electrical) for,’’ after ‘‘military staffing’’.
SEC. 635. Section 6 of Public Law 93–346 as amend-
ed (3 U.S.C. 111 note) is amended by inserting ‘‘, or for
use at official functions in or about,’’ after ‘‘about’’.
SEC. 636. 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
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 by law.
SEC. 637. Each Executive agency covered by section
630 of the Treasury and General Government Appropria-
tions Act, 1999 (as contained in section 101(h) of division
A of Public Law 105–277) shall submit a report 60 days
after the close of fiscal year 2001 to the Office of Per-
sonnel Management regarding its efforts to implement the
intent of such section 630. The Office of Personnel Man-
agement shall prepare a summary of the information re-
ceived and shall submit the summary report to the House
Committee on Appropriations 90 days after the close of
fiscal year 2001.
SEC. 638. (a) PROHIBITION OF FEDERAL AGENCY
MONITORING OF PERSONAL INFORMATION ON USE OF
INTERNET.—None of the funds made available in this or
any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregate
list, derived from any means, that includes the col-
lection of any personally identifiable information re-
lating to an individual’s access to or use of any Fed-
eral Government Internet site of the agency; or
(2) to enter into any agreement with a third
party (including another government agency) to col-
lect, review, or obtain any aggregate list, derived
from any means, that includes the collection of any
personally identifiable information relating to an in-
dividual’s access to or use of any nongovernmental
Internet site.
(b) EXCEPTIONS.—The limitations established in
subsection (a) shall not apply to—
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally iden-
tifiable information;
(3) any action taken for law enforcement, regu-
latory, or supervisory purposes, in accordance with
applicable law; or
(4) any action described in subsection (a)(1)
that is a system security action taken by the oper-
ator of an Internet site and is necessarily incident
to the rendition of the Internet site services or to the
protection of the rights or property of the provider
of the Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency ac-
tions to implement, interpret or enforce authorities
provided in law.
(2) The term ‘‘supervisory’’ means examina-
tions of the agency’s supervised institutions, includ-
ing assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
SEC. 639. (a) Section 8335(a) of title 5, United
States Code, is amended by striking the period at the end
of the first sentence and inserting: ‘‘or completes the age
and service requirements for an annuity under section
8336, whichever occurs later.’’.
(b) The amendment made by subsection (a) takes ef-
fect on the date of enactment with regard to any individual
subject to chapter 83 of title 5, United States Code, who
is employed as an air traffic controller on that date.
SEC. 640. (a) IN GENERAL.—Title 5, United States
Code, is amended by inserting after section 4507 the fol-
lowing:
‘‘§ 4507a. Awarding of ranks to other senior career
employees
‘‘(a) For the purpose of this section, the term ‘senior
career employee’ means an individual appointed to a posi-
tion classified above GS–15 and paid under section 5376
who is not serving—
‘‘(1) under a time-limited appointment; or
‘‘(2) in a position that is excepted from the
competitive service because of its confidential or pol-
icy-making character.
‘‘(b) Each agency employing senior career employees
shall submit annually to the Office of Personnel Manage-
ment recommendations of senior career employees in the
agency to be awarded the rank of Meritorious Senior Pro-
fessional or Distinguished Senior Professional, which may
be awarded by the President for sustained accomplishment
or sustained extraordinary accomplishment, respectively.
‘‘(c) The recommendations shall be made, reviewed,
and awarded under the same terms and conditions (to the
extent determined by the Office of Personnel Manage-
ment) that apply to rank awards for members of the Sen-
ior Executive Service under section 4507.’’.
(b) REGULATIONS.—Section 4506 of title 5, United
States Code, is amended by striking ‘‘the agency awards
program’’ and inserting ‘‘the awards programs’’.
(c) CLERICAL AMENDMENT.—The table of sections
for chapter 45 of title 5, United States Code, is amended
by inserting after the item relating to section 4507 the
following:
‘‘4507a. Awarding of ranks to other senior career employees.’’.
SEC. 641. Section 640(c) of the Treasury and Gen-
eral Government Appropriations Act, 2000 (Public Law
106–58; 2 U.S.C. 437g note) is amended by striking ‘‘vio-
lations occurring between January 1, 2000 and December
31, 2001’’ and inserting ‘‘violations that relate to report-
ing periods that begin on or after January 1, 2000, and
that end on or before December 31, 2003’’.
SEC. 642. (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; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier
for the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters
into or renews a contract under this section may not sub-
ject any individual to discrimination on the basis that the
individual refuses to prescribe or otherwise provide for
contraceptives because such activities would be contrary
to the individual’s religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to re-
quire coverage of abortion or abortion-related services.
SEC. 643. (a) The adjustment in rates of basic pay
for the statutory pay systems that takes effect in fiscal
year 2002 under sections 5303 and 5304 of title 5, United
States Code, shall be an increase of 4.6 percent.
(b) Funds used to carry out this section shall be paid
from appropriations which are made to each applicable de-
partment or agency for salaries and expenses for fiscal
year 2002.
SEC. 644. The amounts otherwise provided by this
Act are revised by reducing the amount made available
for ‘‘Federal Buildings Fund’’ (and the amount specified
in clause (5) under such heading for building operations),
and increasing the amount made available for ‘‘National
Archives and Records Administration—Repairs and Res-
toration’’, by $14,000,000.
SEC. 645. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the
Buy American Act (41 U.S.C. 10a–10c).
SEC. 646. No part of any appropriation for the cur-
rent fiscal year contained in this Act shall be paid to any
person for the filling of any position for which he or she
has been nominated after the Senate has voted not to ap-
prove the nomination of said person.
SEC. 647. None of the funds made available in this
Act for the United States Customs Service may be used
to allow 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 section 307 of the Tariff Act of 1930, on the basis that
the good, ware, article, or merchandise may have been
mined, produced, or manufactured by forced or indentured
child labor.
SEC. 648. (a) None of the funds made available in
this Act may be used to administer or enforce part 515
of title 31, Code of Federal Regulations (the Cuban Assets
Control Regulations) with respect to any travel or travel-
related transaction.
(b) The limitation established in subsection (a) shall
not apply to transactions in relation to any business travel
covered by section 515.560(g) of such part 515.
This Act may be cited as the ‘‘Treasury and General
Government Appropriations Act, 2002’’.
Passed the House of Representatives July 25, 2001.
Attest:
Clerk.