chives facility, for expenses necessary to provide adequate
storage for holdings.
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of ar-
chives facilities, and to provide adequate storage for hold-
ings, $95,150,000, to remain available until expended of
which $88,000,000 is to complete renovation of the Na-
tional Archives Building.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS
COMMISSION
GRANTS PROGRAM
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended, $6,450,000, to remain available
until expended.
OFFICE OF GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Office of Government Ethics pursuant to the Ethics in
Government Act of 1978, as amended and the Ethics Re-
form Act of 1989, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehi-
cles, and not to exceed $1,500 for official reception and
representation expenses, $9,684,000.
OFFICE OF PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the
Office of Personnel Management pursuant to Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Re-
form Act of 1978, including services as authorized by 5
U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of
passenger motor vehicles; not to exceed $2,500 for official
reception and representation expenses; advances for reim-
bursements to applicable funds of the Office of Personnel
Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of
January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain over-
night at his or her post of duty, $94,095,000; and in addi-
tion $101,986,000 for administrative expenses, to be
transferred from the appropriate trust funds of the Office
of Personnel Management without regard to other stat-
utes, including direct procurement of printed materials,
for the retirement and insurance programs, of which
$10,500,000 shall remain available until expended for the
cost of automating the retirement recordkeeping systems:
Provided, That the provisions of this appropriation shall
not affect the authority to use applicable trust funds as
provided by sections 8348(a)(1)(B) and 8909(g) of title
5, United States Code: Provided further, That no part of
this appropriation shall be available for salaries and ex-
penses of the Legal Examining Unit of the Office of Per-
sonnel Management established pursuant to Executive
Order No. 9358 of July 1, 1943, or any successor unit
of like purpose: Provided further, That the President’s
Commission on White House Fellows, established by Exec-
utive Order No. 11183 of October 3, 1964, may, during
fiscal year 2001, accept donations of money, property, and
personal services in connection with the development of
a publicity brochure to provide information about the
White House Fellows, except that no such donations shall
be accepted for travel or reimbursement of travel expenses,
or for the salaries of employees of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act, as amended, including services as authorized
by 5 U.S.C. 3109, hire of passenger motor vehicles,
$1,360,000; and in addition, not to exceed $9,745,000 for
administrative expenses to audit, investigate, and provide
other oversight of the Office of Personnel Management’s
retirement and insurance programs, to be transferred
from the appropriate trust funds of the Office of Per-
sonnel Management, as determined by the Inspector Gen-
eral: Provided, That the Inspector General is authorized
to rent conference rooms in the District of Columbia and
elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES
HEALTH BENEFITS
For payment of Government contributions with re-
spect to retired employees, as authorized by chapter 89
of title 5, United States Code, and the Retired Federal
Employees Health Benefits Act (74 Stat. 849), as amend-
ed, such sums as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE
LIFE INSURANCE
For payment of Government contributions with re-
spect to employees retiring after December 31, 1989, as
required by chapter 87 of title 5, United States Code, such
sums as may be necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND
DISABILITY FUND
For financing the unfunded liability of new and in-
creased annuity benefits becoming effective on or after Oc-
tober 20, 1969, as authorized by 5 U.S.C. 8348, and an-
nuities under special Acts to be credited to the Civil Serv-
ice Retirement and Disability Fund, such sums as may
be necessary: Provided, That annuities authorized by the
Act of May 29, 1944, as amended, and the Act of August
19, 1950, as amended (33 U.S.C. 771–775), may here-
after be paid out of the Civil Service Retirement and Dis-
ability Fund.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Office of Special Counsel pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of
1978 (Public Law 95–454), the Whistleblower Protection
Act of 1989 (Public Law 101–12), Public Law 103–424,
and the Uniformed Services Employment and Reemploy-
ment Act of 1994 (Public Law 103–353), including serv-
ices as authorized by 5 U.S.C. 3109, payment of fees and
expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger
motor vehicles, $11,147,000.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting
and other services as authorized by 5 U.S.C. 3109,
$37,305,000: Provided, That travel expenses of the judges
shall be paid upon the written certificate of the judge.
This title may be cited as the ‘‘Independent Agencies
Appropriations Act, 2001’’.
TITLE V—GENERAL PROVISIONS
THIS ACT
SEC. 501. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 502. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
SEC. 503. None of the funds made available by this
Act shall be available for any activity or for paying the
salary of any Government employee where funding an ac-
tivity or paying a salary to a Government employee would
result in a decision, determination, rule, regulation, or pol-
icy that would prohibit the enforcement of section 307 of
the Tariff Act of 1930.
SEC. 504. None of the funds made available by this
Act shall be available in fiscal year 2001 for the purpose
of transferring control over the Federal Law Enforcement
Training Center located at Glynco, Georgia, and Artesia,
New Mexico, out of the Department of the Treasury.
SEC. 505. No part of any appropriation contained in
this Act shall be available to pay the salary for any person
filling a position, other than a temporary position, for-
merly held by an employee who has left to enter the Armed
Forces of the United States and has satisfactorily com-
pleted his period of active military or naval service, and
has within 90 days after his release from such service or
from hospitalization continuing after discharge for a pe-
riod of not more than 1 year, made application for restora-
tion to his former position and has been certified by the
Office of Personnel Management as still qualified to per-
form the duties of his former position and has not been
restored thereto.
SEC. 506. No funds appropriated pursuant to this
Act may be expended by an entity unless the entity agrees
that in expending the assistance the entity will comply
with sections 2 through 4 of the Act of March 3, 1933
(41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer-
ican Act’’).
SEC. 507. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—In the case of any equip-
ment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the
sense of the Congress that entities receiving such assist-
ance should, in expending the assistance, purchase only
American-made equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary of the Treasury shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a) by the Congress.
SEC. 508. If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ‘‘Made in America’’ inscription, or any in-
scription with the same meaning, to any product sold in
or shipped to the United States that is not made in the
United States, such person shall be ineligible to receive
any contract or subcontract made with funds provided
pursuant to this Act, pursuant to the debarment, suspen-
sion, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 509. No funds appropriated by this Act shall
be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the
Federal employees health benefit program which provides
any benefits or coverage for abortions.
SEC. 510. The provision of section 509 shall not
apply where the life of the mother would be endangered
if the fetus were carried to term, or the pregnancy is the
result of an act of rape or incest.
SEC. 511. Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2001 from
appropriations made available for salaries and expenses
for fiscal year 2001 in this Act, shall remain available
through September 30, 2002, for each such account for
the purposes authorized: Provided, That a request shall
be submitted to the Committees on Appropriations for ap-
proval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance
with reprogramming guidelines.
SEC. 512. None of the funds made available in this
Act may be used by the Executive Office of the President
to request from the Federal Bureau of Investigation any
official background investigation report on any individual,
except when—
(1) such individual has given his or her express
written consent for such request not more than 6
months prior to the date of such request and during
the same presidential administration; or
(2) such request is required due to extraor-
dinary circumstances involving national security.
SEC. 513. The cost accounting standards promul-
gated under section 26 of the Office of Federal Procure-
ment Policy Act (Public Law 93–400; 41 U.S.C. 422)
shall not apply with respect to a contract under the Fed-
eral Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
SEC. 514. (a) IN GENERAL.—As soon as practicable
after the date of the enactment of this Act, the Archivist
of the United States shall transfer to the Gerald R. Ford
Foundation, as trustee, all right, title, and interest of the
United States in and to the approximately 2.3 acres of
land located within Grand Rapids, Michigan, and further
described in subsection (b), such grant to be in trust, with
the beneficiary being the National Archives and Records
Administration, for the purpose of supporting the facilities
and programs of the Gerald R. Ford Museum in Grand
Rapids, Michigan, and the Gerald R. Ford Library in Ann
Arbor, Michigan, in accordance with a trust agreement to
be agreed upon by the Archivist and the Gerald R. Ford
Foundation.
(b) LAND DESCRIPTION.—The land to be transferred
pursuant to subsection (a) is described as follows:
The following premises in the City of Grand Rapids,
County of Kent, State of Michigan, described as:
That part of Block 2, Converse Plat, and that part
of Block 2 of J.W. Converse Replatted Addition, and that
part of Government Lot 1 of Section 25, T7N, R12W,
City of Grand Rapids, Kent County, Michigan, described
as: BEGINNING at the NE corner of Lot 1 of Block 2
of Converse Plat; thence East 245.0 feet along the South
line of Bridge Street; thence South 230.0 feet along a line
which is parallel with and 170 feet East from the East
line of Front Avenue as originally platted; thence West
207.5 feet parallel with the South line of Bridge Street;
thence South along the centerline of vacated Front Avenue
109 feet more or less to the extended centerline of vacated
Douglas Street; thence West along the centerline of va-
cated Douglas Street 237.5 feet more or less to the East
line of Scribner Avenue; thence North along the East line
of Scribner Avenue 327 feet more or less to a point which
is 7.0 feet South from the NW corner of Lot 8 of Block
2 of Converse Plat; thence Easterly 200 feet more or less
to the place of beginning, also described as:
Parcel A—Lots 9 & 10, Block 2 of Converse Plat,
being the subdivision of Government Lots 1 & 2, Section
25, T7N, R12W; also Lots 11–24, Block 2 of J.W. Con-
verse Replatted Addition; also part of N 1⁄2 of Section 25,
T7N, R12W, commencing at SE corner Lot 24, Block 2
of J.W. Converse Replatted Addition, thence N to NE cor-
ner of Lot 9 of Converse Plat, thence E 16 feet, thence
S to SW corner of Lot 23 of J.W. Converse Replatted
Addition, thence W 16 feet to beginning.
Parcel B—Part of Section 25, T7N, R12W, com-
mencing on S line of Bridge Street 50 feet E of E line
of Front Avenue, thence S 107.85 feet, thence 77 feet,
thence N to a point on S line of said street which is 80
feet E of beginning, thence W to beginning.
Parcel C—Part of Section 25, T7N, R12W, com-
mencing at SE corner Bridge Street & Front Avenue,
thence E 50 feet, thence S 107.85 feet to alley, thence
W 50 feet to E line Front Avenue, thence N 106.81 feet
to beginning.
Parcel D—Part of Government Lot 1, Section 25,
T7N, R12W, commencing at a point on S line of Bridge
Street (66′ wide) 170 feet E of E line of Front Avenue
(75′ wide), thence S 230 feet parallel with Front Avenue,
thence W 170 feet parallel with Bridge Street to E line
of Front Avenue, thence N along said line to a point
106.81 feet S of intersection of said line with extension
of N & S line of Bridge Street, thence E 127 feet, thence
northerly to a point on S line of Bridge Street 130 feet
E of E line of Front Avenue, thence E along S line of
Bridge Street to beginning.
Parcel E—Lots 1 through 8 of Block 2 of Converse
Plat, being the subdivision of Government Lots 1 and 2,
Section 25, T7N, R12W.
Also part of N 1⁄2 of Section 25, T7N, R12W, com-
mencing at NW corner of Lot 9, Block 2 of J.W. Converse
Replatted Addition; thence N 15 feet to SW corner of Lot
8; thence E 200 feet to SE corner Lot 1; thence S 15
feet to NE corner of Lot 10; thence W 200 feet to begin-
ning.
Together with any portion of vacated streets and
alleys that have become part of the above property.
(c) TERMS AND CONDITIONS.—
(1) COMPENSATION.—The land transferred
pursuant to subsection (a) shall be transferred with-
out compensation to the United States.
(2) APPOINTMENT OF SUCCESSOR TRUSTEE.—
In the event that the Gerald R. Ford Foundation for
any reason is unable or unwilling to continue to
serve as trustee, the Archivist of the United States
is authorized to appoint a successor trustee.
(3) REVERSIONARY INTEREST.—If the Archivist
of the United States determines that the Gerald R.
Ford Foundation (or a successor trustee appointed
under paragraph (2)) has breached its fiduciary duty
under the trust agreement entered into pursuant to
this section, the land transferred pursuant to sub-
section (a) shall revert to the United States under
the administrative jurisdiction of the Archivist.
SEC. 515. (a) IN GENERAL.—The Director of the Of-
fice of Management and Budget shall, by not later than
September 30, 2001, and with public and Federal agency
involvement, issue guidelines under sections 3504(d)(1)
and 3516 of title 44, United States Code, that provide
policy and procedural guidance to Federal agencies for en-
suring and maximizing the quality, objectivity, utility, and
integrity of information (including statistical information)
disseminated by Federal agencies in fulfillment of the pur-
poses and provisions of chapter 35 of title 44, United
States Code, commonly referred to as the Paperwork Re-
duction Act.
(b) CONTENT
OF
GUIDELINES.—The guidelines
under subsection (a) shall—
(1) apply to the sharing by Federal agencies of,
and access to, information disseminated by Federal
agencies; and
(2) require that each Federal agency to which
the guidelines apply—
(A) issue guidelines ensuring and maxi-
mizing the quality, objectivity, utility, and in-
tegrity of information (including statistical in-
formation) disseminated by the agency, by not
later than 1 year after the date of issuance of
the guidelines under subsection (a);
(B) establish administrative mechanisms
allowing affected persons to seek and obtain
correction of information maintained and dis-
seminated by the agency that does not comply
with the guidelines issued under subsection (a);
and
(C) report periodically to the Director—
(i) the number and nature of com-
plaints received by the agency regarding
the accuracy of information disseminated
by the agency; and
(ii) how such complaints were handled
by the agency.
SEC. 516. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Of-
fice of Personnel Management may accept and utilize
(without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made
available to the Office pursuant to court approval.
SEC. 517. None of the funds appropriated by this Act
shall be used to propose or issue rules, regulations, de-
crees, or orders for the purpose of implementation, or in
preparation for implementation, of the Kyoto Protocol,
which was adopted on December 11, 1997, in Kyoto,
Japan, at the Third Conference of the Parties to the
United Nations Framework Convention on Climate
Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and
which has not entered into force pursuant to article 25
of the Protocol.
SEC. 518. Not later than July 1, 2001, the Director
of the Office of Management and Budget shall submit a
report to the Committee on Appropriations and the Com-
mittee on Governmental Affairs of the Senate and the
Committee on Appropriations and the Committee on Gov-
ernment Reform of the House of Representatives that: (1)
evaluates, for each agency, the extent to which implemen-
tation of chapter 35 of title 31, United States Code, as
amended by the Paperwork Reduction Act of 1995 (Public
Law 104–13), has reduced burden imposed by rules issued
by the agency, including the burden imposed by each
major rule issued by the agency; (2) includes a determina-
tion, based on such evaluation, of the need for additional
procedures to ensure achievement of the purposes of that
chapter, as set forth in section 3501 of title 31, United
States Code, and evaluates the burden imposed by each
major rule that imposes more than 10,000,000 hours of
burden, and identifies specific reductions expected to be
achieved in each of fiscal years 2001 and 2002 in the bur-
den imposed by all rules issued by each agency that issued
such a major rule.
TITLE VI—GENERAL PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
SEC. 601. Funds appropriated in this or any other
Act may be used to pay travel to the United States for
the immediate family of employees serving abroad in cases
of death or life threatening illness of said employee.
SEC. 602. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 2001 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 the illegal
use, possession, or distribution of controlled substances
(as defined in the Controlled Substances Act) by the offi-
cers and employees of such department, agency, or instru-
mentality.
SEC. 603. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year
in accordance with section 16 of the Act of August 2, 1946
(60 Stat. 810), for the purchase of any passenger motor
vehicle (exclusive of buses, ambulances, law enforcement,
and undercover surveillance vehicles), is hereby fixed at
$8,100 except station wagons for which the maximum
shall be $9,100: Provided, That these limits may be ex-
ceeded by not to exceed $3,700 for police-type vehicles,
and by not to exceed $4,000 for special heavy-duty vehi-
cles: Provided further, That the limits set forth in this sec-
tion may not be exceeded by more than 5 percent for elec-
tric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Re-
search, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alter-
native fuels vehicles acquired pursuant to Public Law
101–549 over the cost of comparable conventionally fueled
vehicles.
SEC. 604. Appropriations of the executive depart-
ments and independent establishments for the current fis-
cal year available for expenses of travel, or for the ex-
penses of the activity concerned, are hereby made available
for quarters allowances and cost-of-living allowances, in
accordance with 5 U.S.C. 5922–5924.
SEC. 605. Unless otherwise specified during the cur-
rent fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensa-
tion of any officer or employee of the Government of the
United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person in the service of the United States
on the date of the enactment of this Act who, being eligible
for citizenship, has filed a declaration of intention to be-
come a citizen of the United States prior to such date and
is actually residing in the United States; (3) is a person
who owes allegiance to the United States; (4) is an alien
from Cuba, Poland, South Vietnam, the countries of the
former Soviet Union, or the Baltic countries lawfully ad-
mitted to the United States for permanent residence; (5)
is a South Vietnamese, Cambodian, or Laotian refugee pa-
roled in the United States after January 1, 1975; or (6)
is a national of the People’s Republic of China who quali-
fies for adjustment of status pursuant to the Chinese Stu-
dent Protection Act of 1992: Provided, That for the pur-
pose of this section, an affidavit signed by any such person
shall be considered prima facie evidence that the require-
ments of this section with respect to his or her status have
been complied with: Provided further, That any person
making a false affidavit shall be guilty of a felony, and,
upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition
to, and not in substitution for, any other provisions of ex-
isting law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Gov-
ernment. This section shall not apply to citizens of Ire-
land, Israel, or the Republic of the Philippines, or to na-
tionals of those countries allied with the United States in
a current defense effort, or to international broadcasters
employed by the United States Information Agency, or to
temporary employment of translators, or to temporary em-
ployment in the field service (not to exceed 60 days) as
a result of emergencies.
SEC. 606. Appropriations available to any depart-
ment or agency during the current fiscal year for nec-
essary expenses, including maintenance or operating ex-
penses, shall also be available for payment to the General
Services Administration for charges for space and services
and those expenses of renovation and alteration of build-
ings and facilities which constitute public improvements
performed in accordance with the Public Buildings Act of
1959 (73 Stat. 749), the Public Buildings Amendments
of 1972 (87 Stat. 216), or other applicable law.
SEC. 607. In addition to funds provided in this or
any other Act, all Federal agencies are authorized to re-
ceive and use funds resulting from the sale of materials,
including Federal records disposed of pursuant to a
records schedule recovered through recycling or waste pre-
vention programs. Such funds shall be available until ex-
pended for the following purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive
Order No. 13101 (September 14, 1998), including
any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental man-
agement programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by
law or as deemed appropriate by the head of the
Federal agency.
SEC. 608. Funds made available by this or any other
Act for administrative expenses in the current fiscal year
of the corporations and agencies subject to chapter 91 of
title 31, United States Code, shall be available, in addition
to objects for which such funds are otherwise available,
for rent in the District of Columbia; services in accordance
with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in
the event any functions budgeted as administrative ex-
penses are subsequently transferred to or paid from other
funds, the limitations on administrative expenses shall be
correspondingly reduced.
SEC. 609. No part of any appropriation for the cur-
rent fiscal year contained in this or any other 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 approve the nomination of said person.
SEC. 610. No part of any appropriation contained in
this or any other Act shall be available for interagency
financing of boards (except Federal Executive Boards),
commissions, councils, committees, or similar groups
(whether or not they are interagency entities) which do
not have a prior and specific statutory approval to receive
(B) the difference between the overall aver-
age percentage of the locality-based com-
parability payments taking effect in fiscal year
2001 under section 5304 of such title (whether
by adjustment or otherwise), and the overall av-
erage percentage of such payments which was
effective in fiscal year 2000 under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or
(C) of section 5342(a)(2) of title 5, United States Code,
and no employee covered by section 5348 of such title,
may be paid during the periods for which subsection (a)
is in effect at a rate that exceeds the rates that would
be payable under subsection (a) were subsection (a) appli-
cable to such employee.
(c) For the purposes of this section, the rates payable
to an employee who is covered by this section and who
is paid from a schedule not in existence on September 30,
2000, shall be determined under regulations prescribed by
the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates
of premium pay for employees subject to this section may
not be changed from the rates in effect on September 30,
2000, except to the extent determined by the Office of
Personnel Management to be consistent with the purpose
of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2000.
(f ) For the purpose of administering any provision
of law (including any rule or regulation that provides pre-
mium pay, retirement, life insurance, or any other em-
ployee benefit) that requires any deduction or contribu-
tion, or that imposes any requirement or limitation on the
basis of a rate of salary or basic pay, the rate of salary
or basic pay payable after the application of this section
shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to per-
mit or require the payment to any employee covered by
this section at a rate in excess of the rate that would be
payable were this section not in effect.
(h) The Office of Personnel Management may provide
for exceptions to the limitations imposed by this section
if the Office determines that such exceptions are necessary
to ensure the recruitment or retention of qualified employ-
ees.
SEC. 614. During the period in which the head of
any department or agency, or any other officer or civilian
employee of the Government appointed by the President
of the United States, holds office, no funds may be obli-
gated or expended in excess of $5,000 to furnish or re-
decorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make im-
provements for any such office, unless advance notice of
such 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 executive branch agency shall purchase, construct,
and/or lease any additional facilities, except within or con-
tiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without
the advance approval of the Committees on Appropria-
tions, except that the Federal Law Enforcement Training
Center is authorized to obtain the temporary use of addi-
tional 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 2001 by this or any other
Act shall be available for the interagency funding of na-
tional security and emergency preparedness telecommuni-
cations initiatives which benefit multiple Federal depart-
ments, 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 pursuant to section
3302 of title 5, United States Code, without a certification
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 de-
tailed 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 De-
fense for the collection of specialized national foreign
intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of
the Department of State;
(6) any agency, office, or unit of the Army,
Navy, Air Force, and Marine Corps, the Federal Bu-
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 per-
forming 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 2001 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. 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
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. 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 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 of 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. 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 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. 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 em-
ployee obligations, rights, or liabilities created by Execu-
tive Order No. 12958; section 7211 of title 5, U.S.C. (gov-
erning disclosures to Congress); section 1034 of title 10,
United States Code, as amended by the Military Whistle-
blower 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 confiden-
tial Government agents); and the statutes which protect
against disclosure that may compromise the national secu-
rity, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the Sub-
versive 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 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 Govern-
ment, 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 disclo-
sures to Congress or to an authorized official of an execu-
tive 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 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. 624. (a) IN GENERAL.—For calendar year 2002
and each year thereafter, the Director of the Office of
Management and Budget shall prepare and submit to
Congress, with the budget submitted under section 1105
of title 31, United States Code, an accounting statement
and associated report containing—
(1) an estimate of the total annual costs and
benefits (including quantifiable and nonquantifiable
effects) of Federal rules and paperwork, to the ex-
tent feasible—
(A) in the aggregate;
(B) by agency and agency program; and
(C) by major rule;
(2) an analysis of impacts of Federal regulation
on State, local, and tribal government, small busi-
ness, wages, and economic growth; and
(3) recommendations for reform.
(b) NOTICE.—The Director of the Office of Manage-
ment and Budget shall provide public notice and an oppor-
tunity to comment on the statement and report under sub-
section (a) before the statement and report are submitted
to Congress.
(c) GUIDELINES.—To implement this section, the Di-
rector of the Office of Management and Budget shall issue
guidelines to agencies to standardize—
(1) measures of costs and benefits; and
(2) the format of accounting statements.
(d) PEER REVIEW.—The Director of the Office of
Management and Budget shall provide for independent
and external peer review of the guidelines and each ac-
counting statement and associated report under this sec-
tion. Such peer review shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
SEC. 625. 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. 626. Hereafter, the Secretary of the Treasury
is authorized to establish scientific certification standards
for explosives detection canines, and shall provide, on a
reimbursable basis, for the certification of explosives de-
tection canines employed by Federal agencies, or other
agencies providing explosives detection services at airports
in the United States.
SEC. 627. 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. 628. 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. 629. (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. 630. (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. 631. 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. 632. 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. 633. (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) 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.
(d) 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. 634. 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. 635. 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. 636. 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
(hereafter 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 (hereafter 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
100
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. 637. (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-
101
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
102
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.
103
(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
104
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
105
used by the Bureau of Labor Statistics in performing its
surveys under section 5304 of title 5, United States Code.
(2) The report shall include a detailed accounting of
any concerns the pay agent may have regarding the cur-
rent methodology, the specific projects the pay agent has
directed any of those agencies to undertake in order to
address those concerns, and a time line for the anticipated
completion of those projects and for implementation of the
revised methodology.
(3) The report shall also include recommendations as
to how those ongoing efforts might be expedited, including
any additional resources which, in the opinion of the pay
agent, are needed in order to expedite completion of the
activities described in the preceding provisions of this sub-
section, and the reasons why those additional resources
are needed.
SEC. 638. FEDERAL FUNDS IDENTIFIED. Any re-
quest 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 provi-
sion shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
106
SEC. 639. MANDATORY REMOVAL FROM EMPLOYMENT OF
FEDERAL 
LAW 
ENFORCEMENT 
OFFICERS
CONVICTED OF FELONIES.
(a) IN GENERAL.—Chapter 73 of title 5, United
States Code, is amended by adding after subchapter VI
the following:
‘‘SUBCHAPTER 
VII—MANDATORY 
REMOVAL
FROM EMPLOYMENT OF CONVICTED LAW
ENFORCEMENT OFFICERS
‘‘§ 7371. Mandatory removal from employment of law
enforcement officers convicted of felonies
‘‘(a) In this section, the term—
‘‘(1) ‘conviction notice date’ means the date on
which an agency that employs a law enforcement of-
ficer has notice that the officer has been convicted
of a felony that is entered by a Federal or State
court, regardless of whether that conviction is ap-
pealed or is subject to appeal; and
‘‘(2) ‘law enforcement officer’ has the meaning
given that term under section 8331(20) or 8401(17).
‘‘(b) Any law enforcement officer who is convicted of
a felony shall be removed from employment as a law en-
forcement officer on the last day of the first applicable
pay period following the conviction notice date.
‘‘(c)(1) This section does not prohibit the removal of
an individual from employment as a law enforcement offi-
107
cer before a conviction notice date if the removal is prop-
erly effected other than under this section.
‘‘(2) This section does not prohibit the employment
of any individual in any position other than that of a law
enforcement officer.
‘‘(d) If the conviction is overturned on appeal, the
removal shall be set aside retroactively to the date on
which the removal occurred, with back pay under section
5596 for the period during which the removal was in ef-
fect, unless the removal was properly effected other than
under this section.
‘‘(e)(1) If removal is required under this section, the
agency shall deliver written notice to the employee as soon
as practicable, and not later than 5 calendar days after
the conviction notice date. The notice shall include a de-
scription of the specific reasons for the removal, the date
of removal, and the procedures made applicable under
paragraph (2).
‘‘(2) The procedures under section 7513(b)(2), (3),
and (4), (c), (d), and (e) shall apply to any removal under
this section. The employee may use the procedures to con-
test or appeal a removal, but only with respect to
whether—
‘‘(A) the employee is a law enforcement officer;
‘‘(B) the employee was convicted of a felony; or
108
‘‘(C) the conviction was overturned on appeal.
‘‘(3) A removal required under this section shall
occur on the date specified in subsection (b) regardless
of whether the notice required under paragraph (1) of this
subsection and the procedures made applicable under
paragraph (2) of this subsection have been provided or
completed by that date.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 73 of title 5, United
States Code, is amended by adding after the item relating
to section 7363 the following:
‘‘SUBCHAPTER VII—MANDATORY REMOVAL FROM EMPLOYMENT
OF CONVICTED LAW ENFORCEMENT OFFICERS
‘‘7371. Mandatory removal from employment of law enforcement officers con-
victed of felonies.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 30 days after the date of en-
actment of this Act and shall apply to any conviction of
a felony entered by a Federal or State court on or after
that date.
SEC. 640. Section 504 of the Department of Trans-
portation and Related Agencies Appropriations Act, 2001
(as enacted into law by Public Law 106–346) is repealed.
SEC. 641. (a) Section 5545b(d) of title 5, United
States Code, is amended by inserting at the end the fol-
lowing new paragraph:
109
‘‘(4) Notwithstanding section 8114(e)(1), over-
time pay for a firefighter subject to this section for
hours in a regular tour of duty shall be included in
any computation of pay under section 8114.’’.
(b) The amendment in subsection (a) shall be effec-
tive as if it had been enacted as part of the Federal Fire-
fighters Overtime Pay Reform Act of 1998 (112 Stat.
2681–519).
SEC. 642. Section 6323(a) of title 5, United States
Code, is amended by adding at the end the following:
‘‘(3) The minimum charge for leave under this
subsection is one hour, and additional charges are in
multiples thereof.’’.
SEC. 643. Section 616 of the Treasury, Postal Serv-
ice and General Government Appropriations Act, 1988, as
contained in the Act of December 22, 1987 (40 U.S.C.
490b), is amended by adding at the end the following:
‘‘(e)(1) All existing and newly hired workers in any
child care center located in an executive facility shall un-
dergo a criminal history background check as defined in
section 231 of the Crime Control Act of 1990 (42 U.S.C.
13041).
‘‘(2) For purposes of this subsection, the term ‘execu-
tive facility’ means a facility that is owned or leased by
an office or entity within the executive branch of the Gov-
110
ernment (including one that is owned or leased by the
General Services Administration on behalf of an office or
entity within the judicial branch of the Government).
‘‘(3) Nothing in this subsection shall be considered
to apply with respect to a facility owned by or leased on
behalf of an office or entity within the legislative branch
of the Government.’’.
SEC. 644. Section 501 of the Department of Trans-
portation and Related Agencies Appropriations Act, 2001
(as enacted into law by Public Law 106–346) is amended
by striking subsection (c) and by redesignating subsection
(d) as subsection (c).
SEC. 645. (a)(1) Title 5, United States Code, is
amended by inserting after section 5372a the following:
‘‘§ 5372b. Administrative appeals judges
‘‘(a) For the purpose of this section—
‘‘(1) the term ‘administrative appeals judge po-
sition’ means a position the duties of which pri-
marily involve reviewing decisions of administrative
law judges appointed under section 3105; and
‘‘(2) the term ‘agency’ means an Executive
agency, as defined by section 105, but does not in-
clude the General Accounting Office.
‘‘(b) Subject to such regulations as the Office of Per-
sonnel Management may prescribe, the head of the agency
111
concerned shall fix the rate of basic pay for each adminis-
trative appeals judge position within such agency which
is not classified above GS–15 pursuant to section 5108.
‘‘(c) A rate of basic pay fixed under this section shall
be—
‘‘(1) not less than the minimum rate of basic
pay for level AL–3 under section 5372; and
‘‘(2) not greater than the maximum rate of
basic pay for level AL–3 under section 5372.’’.
(2) Section 7323(b)(2)(B)(ii) of title 5, United States
Code, is amended by striking ‘‘or 5372a’’ and inserting
‘‘5372a, or 5372b’’.
(3) The table of sections for chapter 53 of title 5,
United States Code, is amended by inserting after the
item relating to section 5372a the following:
‘‘5372b. Administrative appeals judges.’’.
(b) The amendment made by subsection (a)(1) shall
apply with respect to pay for service performed on or after
the first day of the first applicable pay period beginning
on or after—
(1) the 120th day after the date of the enact-
ment of this Act; or
(2) if earlier, the effective date of regulations
prescribed by the Office of Personnel Management
to carry out such amendment.
112
SEC. 646. Not later than 60 days after the date of
enactment of this Act, the Inspector General of each de-
partment or agency shall submit to Congress a report that
discloses any activity of the applicable department or
agency relating to—
(1) the collection or review of singular data, or
the creation of aggregate lists that include person-
ally identifiable information, about individuals who
access any Internet site of the department or agen-
cy; and
(2) entering into agreements with third parties,
including other government agencies, to collect, re-
view, or obtain aggregate lists or singular data con-
taining personally identifiable information relating to
any individual’s access or viewing habits for govern-
mental and nongovernmental Internet sites.
This Act may be cited as the ‘‘Treasury and General
Government Appropriations Act, 2001’’.
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