(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. 630. Section 638(h) of the Treasury and Gen-
eral Government Appropriations Act, 2000 (Public Law
106–58) is amended by striking ‘‘at noon on January 20,
2001’’ and inserting ‘‘on May 1, 2001’’.
SEC. 631. (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) Care Choices;
(C) 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. 632. Notwithstanding 31 U.S.C. 1346 and sec-
tion 610 of this Act, funds made available for fiscal year
2001 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. 633. Notwithstanding 31 U.S.C. 1346 and sec-
tion 610 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 2001 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. 634. (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
funds (otherwise available to such agency for salaries and
expenses) to provide child care, in a Federal or leased fa-
cility, 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.
(c) ADVANCES.—Notwithstanding 31 U.S. Code
3324, amounts paid to licensed or regulated child care
providers may be paid 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. 635. 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. 636. Nothwithstanding section 1346 of title 31,
United States Code, or section 610 of this Act, funds
made available for fiscal year 2001 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. 637. (a) CLARIFICATION OF ELECTION CYCLE
REPORTING
OF
CERTAIN
EXPENDITURES.—Section
304(b) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(b)), as amended by section 641(a) of the
Treasury and General Government Appropriations Act,
2000 (Public Law 106–58), is amended—
(1) in paragraph (5)(A), by inserting after ‘‘cal-
endar year’’ the following: ‘‘(or election cycle, in the
case of an authorized committee of a candidate for
Federal office)’’;
(2) in paragraph (6)(A), by striking ‘‘calendar
year (or election cycle, in the case of an authorized
committee of a candidate for Federal office)’’ and
inserting ‘‘election cycle’’; and
(3) in paragraphs (6)(B)(iii) and (6)(B)(v), by
striking ‘‘(or election cycle, in the case of an author-
ized committee of a candidate for Federal office)’’
each place it appears.
(b) CLARIFICATION OF PERMISSIBLE USE OF FAC-
SIMILE MACHINES AND ELECTRONIC MAIL TO FILE RE-
PORTS.—Section 304 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434) is amended by adding at the
end the following new subsection:
‘‘(d)(1) Any person who is required to file a report,
designation, or statement under this Act, except those re-
quired to file electronically pursuant to subsection
(a)(11)(A)(i), with respect to a contribution or expendi-
ture not later than 24 hours after the contribution or ex-
penditure is made or received may file the report, designa-
tion, or statement by facsimile device or electronic mail,
in accordance with such regulations as the Commission
may promulgate.
‘‘(2) The Commission shall make a document which
is filed electronically with the Commission pursuant to this
paragraph accessible to the public on the Internet not later
than 24 hours after the document is received by the Com-
mission.
‘‘(3) In promulgating a regulation under this para-
graph, the Commission shall provide methods (other than
requiring a signature on the document being filed) for
verifying the documents covered by the regulation. Any
document verified under any of the methods shall be treat-
ed for all purposes (including penalties for perjury) in the
same manner as a document verified by signature.’’.
(c) TREATMENT OF LINES OF CREDIT OBTAINED BY
CANDIDATES AS COMMERCIALLY REASONABLE LOANS.—
Section 301(8)(B) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431(8)(B)) is amended—
(1) by striking ‘‘and’’ at the end of clause (xiii);
(2) by striking the period at the end of clause
(xiv) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
clause:
‘‘(xv) any loan of money derived from an ad-
vance on a candidate’s brokerage account, credit
card, home equity line of credit, or other line of
credit available to the candidate, if such loan is
made in accordance with applicable law and under
commercially reasonable terms and if the person
making such loan makes loans in the normal course
of the person’s business.’’.
(d) EXPEDITING AVAILABILITY
OF REPORTS
ON
LAST MINUTE FUNDS.—
(1) REQUIRING REPORTS FOR ALL CONTRIBU-
TIONS MADE WITHIN 20 DAYS OF ELECTION; RE-
QUIRING
REPORTS
TO
BE
MADE
WITHIN
HOURS.—Section 304(a)(6)(A) of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 434(a)(6)(A))
is amended—
(A) by striking ‘‘after the 20th day, but
more than 48 hours before any election’’ and
inserting ‘‘during the period which begins after
the 20th day before an election and ends at the
time the polls close for such election’’; and
(B) in the second sentence, by striking
‘‘within 48 hours after the receipt of such con-
tribution’’ and inserting the following: ‘‘not
later than 24 hours after the receipt of such
contribution or midnight of the day on which
the contribution is deposited (whichever is ear-
lier),’’.
(2) REQUIRING ACTUAL RECEIPT OF CERTAIN
INDEPENDENT EXPENDITURE REPORTS WITHIN 24
HOURS.—
(A) IN
GENERAL.—Section 304(c)(2) of
such Act (2 U.S.C. 434(c)(2)) is amended in
the matter following subparagraph (C)—
(i) by striking ‘‘shall be reported’’ and
inserting ‘‘shall be filed’’; and
(ii) by adding at the end the following
new sentence: ‘‘Notwithstanding subsection
(a)(5), the time at which the statement
under this subsection is received by the
Secretary, the Commission, or any other
recipient to whom the notification is re-
quired to be sent shall be considered the
time of filing of the statement with the re-
cipient.’’.
(B) CONFORMING
AMENDMENT.—Section
304(a)(5) of such Act (2 U.S.C. 434(a)(5)) is
amended by striking ‘‘or (4)(A)(ii)’’ and insert-
ing ‘‘or (4)(A)(ii), or the second sentence of
subsection (c)(2)’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to elections occurring
after January 2001.
SEC. 638. RETIREMENT PROVISIONS RELATING TO
CERTAIN MEMBERS OF THE POLICE FORCE OF THE MET-
ROPOLITAN WASHINGTON AIRPORTS AUTHORITY.—(a)
QUALIFIED MWAA POLICE OFFICER DEFINED.—For
purposes of this section, the term ‘‘qualified MWAA police
officer’’ means any individual who, as of the date of the
enactment of this Act—
(1) is employed as a member of the police force
of the Metropolitan Washington Airports Authority
(hereinafter in this section referred to as an
‘‘MWAA police officer’’); and
(2) is subject to the Civil Service Retirement
System or the Federal Employees’ Retirement Sys-
tem by virtue of section 49107(b) of title 49, United
States Code.
(b) ELIGIBILITY TO BE TREATED AS A LAW EN-
FORCEMENT OFFICER FOR RETIREMENT PURPOSES.—
(1) IN GENERAL.—Any qualified MWAA police
officer may, by written election submitted in accord-
ance with applicable requirements under subsection
(c), elect to be treated as a law enforcement officer
(within the meaning of section 8331 or 8401 of title
5, United States Code, as applicable), and to have
all prior service described in paragraph (2) similarly
treated.
(2) PRIOR SERVICE DESCRIBED.—The service
described in this paragraph is all service which an
individual performed, prior to the effective date of
such individual’s election under this section, as—
(A) an MWAA police officer; or
(B) a member of the police force of the
Federal Aviation Administration (hereinafter in
this section referred to as an ‘‘FAA police offi-
cer’’).
(c) REGULATIONS.—The Office of Personnel Man-
agement shall prescribe any regulations necessary to carry
out this section, including provisions relating to the time,
form, and manner in which any election under this section
shall be made. Such an election shall not be effective
unless—
(1) it is made before the employee separates
from service with the Metropolitan Washington Air-
ports Authority, but in no event later than 1 year
after the regulations under this subsection take ef-
fect; and
(2) it is accompanied by payment of an amount
equal to, with respect to all prior service of such em-
ployee which is described in subsection (b)(2)—
(A) the employee deductions that would
have been required for such service under chap-
ter 83 or 84 of title 5, U.S.C. (as the case may
be) if such election had then been in effect,
minus
(B) the total employee deductions and con-
tributions under such chapter 83 and 84 (as
applicable) that were actually made for such
service,
taking into account only amounts required to be
credited to the Civil Service Retirement and Dis-
ability Fund. Any amount under paragraph (2) shall
be computed with interest, in accordance with sec-
tion 8334(e) of such title 5.
(d) GOVERNMENT
CONTRIBUTIONS.—Whenever a
payment under subsection (c)(2) is made by an individual
with respect to such individual’s prior service (as described
in subsection (b)(2)), the Metropolitan Washington Air-
ports Authority shall pay into the Civil Service Retirement
and Disability Fund any additional contributions for
which it would have been liable, with respect to such serv-
ice, if such individual’s election under this section had
then been in effect (and, to the extent of any prior FAA
police officer service, as if it had then been the employing
agency). Any amount under this subsection shall be com-
puted with interest, in accordance with section 8334(e) of
title 5, United States Code.
(e) CERTIFICATIONS.—The Office of Personnel Man-
agement shall accept, for the purpose of this section, the
certification of—
(1) the Metropolitan Washington Airports Au-
thority (or its designee) concerning any service per-
formed by an individual as an MWAA police officer;
and
(2) the Federal Aviation Administration (or its
designee) concerning any service performed by an in-
dividual as an FAA police officer.
(f) REIMBURSEMENT TO COMPENSATE
FOR UN-
FUNDED LIABILITY.—
(1) IN
GENERAL.—The Metropolitan Wash-
ington Airports Authority shall pay into the Civil
Service Retirement and Disability Fund an amount
(as determined by the Director of the Office of Per-
sonnel Management) equal to the amount necessary
to reimburse the Fund for any estimated increase in
the unfunded liability of the Fund (to the extent the
Civil Service Retirement System is involved), and for
any estimated increase in the supplemental liability
of the Fund (to the extent the Federal Employees’
Retirement System is involved), resulting from the
enactment of this section.
(2) PAYMENT
METHOD.—The Metropolitan
Washington Airports Authority shall pay the amount
so determined in five equal annual installments, with
interest (which shall be computed at the rate used
in the most recent valuation of the Federal Employ-
ees’ Retirement System).
SEC. 639. (a) For purposes of this section—
(1) the term ‘‘comparability payment’’ refers to
a locality-based comparability payment under section
5304 of title 5, United States Code;
(2) the term ‘‘President’s pay agent’’ refers to
the pay agent described in section 5302(4) of such
title; and
(3) the term ‘‘pay locality’’ has the meaning
given such term by section 5302(5) of such title.
(b) Notwithstanding any provision of section 5304 of
title 5, United States Code, for purposes of determining
appropriate pay localities and making comparability pay-
ment recommendations, the President’s pay agent may, in
accordance with succeeding provisions of this section,
make comparisons of General Schedule pay and non-Fed-
eral pay within any of the metropolitan statistical areas
described in subsection (d)(3), using—
(1) data from surveys of the Bureau of Labor
Statistics;
(2) salary data sets obtained under subsection
(c); or
(3) any combination thereof.
(c) To the extent necessary in order to carry out this
section, the President’s pay agent may obtain any salary
data sets (referred to in subsection (b)) from any organi-
zation or entity that regularly compiles similar data for
businesses in the private sector.
(d)(1)(A) This paragraph applies with respect to the
five metropolitan statistical areas described in paragraph
(3) which—
(i) have the highest levels of nonfarm employ-
ment (as determined based on data made available
by the Bureau of Labor Statistics); and
(ii) as of the date of the enactment of this Act,
have not previously been surveyed by the Bureau of
Labor Statistics (as discrete pay localities) for pur-
poses of section 5304 of title 5, United States Code.
(B) The President’s pay agent, based on such com-
parisons under subsection (b) as the pay agent considers
appropriate, shall: (i) determine whether any of the five
areas under subparagraph (A) warrants designation as a
discrete pay locality; and (ii) if so, make recommendations
as to what level of comparability payments would be ap-
propriate during 2002 for each area so determined.
(C)(i) Any recommendations under subparagraph
(B)(ii) shall be included—
(I) in the pay agent’s report under section
5304(d)(1) of title 5, United States Code, submitted
for purposes of comparability payments scheduled to
become payable in 2002; or
(II) if compliance with subclause (I) is imprac-
ticable, in a supplementary report which the pay
agent shall submit to the President and the Con-
gress no later than March 1, 2001.
(ii) In the event that the recommendations are com-
pleted in time to be included in the report described in
clause (i)(I), a copy of those recommendations shall be
transmitted by the pay agent to the Congress contempora-
neous with their submission to the President.
(D) Each of the five areas under subparagraph (A)
that so warrants, as determined by the President’s pay
agent, shall be designated as a discrete pay locality under
section 5304 of title 5, United States Code, in time for
it to be treated as such for purposes of comparability pay-
ments becoming payable in 2002.
100
(2) The President’s pay agent may, at any time after
the 180th day following the submission of the report under
subsection (f), make any initial or further determinations
or recommendations under this section, based on any pay
comparisons under subsection (b), with respect to any area
described in paragraph (3).
(3) An area described in this paragraph is any metro-
politan statistical area within the continental United
States that (as determined based on data made available
by the Bureau of Labor Statistics and the Office of Per-
sonnel Management, respectively) has a high level of non-
farm employment and at least 2,500 General Schedule em-
ployees whose post of duty is within such area.
(e)(1) The authority under this section to make pay
comparisons and to make any determinations or rec-
ommendations based on such comparisons shall be avail-
able to the President’s pay agent only for purposes of com-
parability payments becoming payable on or after January
1, 2002, and before January 1, 2007, and only with re-
spect to areas described in subsection (d)(3).
(2) Any comparisons and recommendations so made
shall, if included in the pay agent’s report under section
5304(d)(1) of title 5, United States Code, for any year
(or the pay agent’s supplementary report, in accordance
with subsection (d)(1)(C)(i)(II)), be considered and acted
101
on as the pay agent’s comparisons and recommendations
under such section 5304(d)(1) for the area and the year
involved.
(f)(1) No later than March 1, 2001, the President’s
pay agent shall submit to the Committee on Government
Reform of the House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Commit-
tees on Appropriations of the House of Representatives
and of the Senate, a report on the use of pay comparison
data, as described in subsection (b)(2) or (3) (as appro-
priate), for purposes of comparability payments.
(2) The report shall include the cost of obtaining such
data, the rationale underlying the decisions reached based
on such data, and the relative advantages and disadvan-
tages of using such data (including whether the effort in-
volved in analyzing and integrating such data is commen-
surate with the benefits derived from their use). The re-
port may include specific recommendations regarding the
continued use of such data.
(g)(1) No later than May 1, 2001, the President’s
pay agent shall prepare and submit to the committees
specified in subsection (f)(1) a report relating to the ongo-
ing efforts of the Office of Personnel Management, the
Office of Management and Budget, and the Bureau of
Labor Statistics to revise the methodology currently being