TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
Sponsor:
Summary:
All articles in House section
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
(House of Representatives - July 20, 2000)
Text of this article available as:
TXT
PDF
[Pages
H6663-H6710]
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
The SPEAKER pro tempore. Pursuant to House Resolution 560 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 4871.
{time} 1804
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (
H.R. 4871) making appropriations for the Treasury Department,
the United States Postal Service, the Executive Office of the
President, and certain Independent Agencies, for the fiscal year ending
September 30, 2001, and for other purposes, with Mr. Dreier in the
chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, the
demand for a recorded vote on the amendment by the gentlewoman from
Connecticut (Ms. DeLauro) had been postponed and title V was open for
amendment at any point.
Pursuant to the order of the House today, the previous order of the
House
[[Page
H6664]]
shall be corrected to read, an amendment by ``Mr. Davis of Virginia,
regarding Federal contracts.''
Are there further amendments to title V?
Amendment Offered by Mr. Inslee
Mr. INSLEE. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Inslee:
Page 64, after line 8, insert the following new section:
Sec. 521. Not later than 90 days after the date of the
enactment of this Act, the Inspector General of each agency
funded under this Act shall submit to the Congress a report
that discloses--
(1) any agency activity related to the collection or review
of singular data, or the creation of aggregate lists that
include personally identifiable information, about
individuals who access any Internet site of the agency; and
(2) any agency activity related to entering into agreements
with third parties, including other government agencies, to
collect, review, or obtain aggregate lists or singular data
containing personally identifiable information relating to
any individual's access or viewing habits to nongovernmental
Internet sites.
Mr. KOLBE. Mr. Chairman, I reserve a point of order.
The CHAIRMAN. The gentleman from Arizona (Mr. Kolbe) reserves a point
of order.
Pursuant to the order of the House of today, the gentleman from
Washington (Mr. Inslee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington (Mr. Inslee).
Mr. INSLEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is a privacy amendment we are offering to assure
ourselves that Congress is made aware of privacy violations or concerns
that arise from agencies' review of citizens' actions on the Internet.
What we have fashioned here is a relatively simple amendment that will
require these agencies, under Treasury and others subject to these
appropriations, to report to Congress of any monitoring activities that
these agencies are involved in on our use of Internet sites.
Now, what has indicated that this is appropriate is both the
proliferation of our use of the Internet and our citizens' use of the
Internet, but also some legitimate concerns we have of some of the
agencies' activity in monitoring citizens' actions on the Internet.
For instance, we have been told that the Office of National Drug
Control Policy had placed cookies on sites that would essentially allow
tracking of personal identifiable information and how people surf or
travel through the Internet.
There are very legitimate privacy concerns that Congress ought to be
aware of before those agency monitoring activities are allowed to
continue. We know about the explosion of the Internet; we also are
aware of the potential explosion in the violation of citizens' privacy
if we do not ride herd on potentially problematic privacy violations.
So what our amendment would seek to do is simply require the agencies
to notify Congress of the nature of these activities by Federal
agencies.
Our people are very concerned and increasingly concerned about
privacy on the Internet and otherwise, and it is certainly appropriate
that we in Congress as the elected officials know about those potential
privacy violations by our own government. This amendment would, in
fact, make sure that these agencies told the elected officials about
those privacy violations if they were occurring, or at least allow us
to determine what should be or should not be allowed in monitoring
Internet access by our citizens.
Mr. Chairman, this is a basic, fundamental American right. Let us
pass this amendment. I hope the chairman actually would allow it so
that we can make sure in Congress that privacy rights of citizens are
not being violated.
Mr. Chairman, I reserve the balance of my time.
Mr. KOLBE. Mr. Chairman, I withdraw my point of order.
The CHAIRMAN. The point of order is withdrawn.
The question is on the amendment offered by the gentleman from
Washington (Mr. Inslee).
The amendment was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
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, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of
such department, agency, or instrumentality.
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 exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, 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 alternative
fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses 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 current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation 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 become 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 admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the
Chinese Student Protection Act of 1992: Provided, That for
the purpose of this section, an affidavit signed by any such
person shall be considered prima facie evidence that the
requirements 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 existing
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 Government. This
section shall not apply to citizens of Ireland, Israel, or
the Republic of the Philippines, or to nationals 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 employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 606. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, 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 buildings 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 receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
[[Page
H6665]]
(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 management 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 expenses 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 current
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 financial support from
more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available
for employment of guards for all buildings and areas owned or
occupied by the Postal Service and under the charge and
control of the Postal Service, and such guards shall have,
with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1,
1948 (62 Stat. 281; 40 U.S.C. 318), and, as to property owned
or occupied by the Postal Service, the Postmaster General may
take the same actions as the Administrator of General
Services may take under the provisions of sections 2 and 3 of
the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a and
318b), attaching thereto penal consequences under the
authority and within the limits provided in section 4 of the
Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the United
States.
Sec. 613. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2001, by this
or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 613 of the Treasury and General
Government Appropriations Act, 2000, until the normal
effective date of the applicable wage survey adjustment that
is to take effect in fiscal year 2001, in an amount that
exceeds the rate payable for the applicable grade and step of
the applicable wage schedule in accordance with such section
613; and
(2) during the period consisting of the remainder of fiscal
year 2001, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
2001 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2001 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average 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) applicable 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 premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, 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 permit
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 employees.
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 obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements 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 contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 616. Notwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for fiscal year 2001 by this or any other Act shall be
available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order No. 12472 (April 3,
1984).
Sec. 617. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service 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 detailed
to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of
the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 618. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2001 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964, 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 determined 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
[[Page
H6666]]
available for the payment of the salary of any officer or
employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee 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 initiative of such
other officer or employee or in response 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 discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 621. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(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 Form
s 312 and 4355 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title
10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of
title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the
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 agreement that is
to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress or
to an authorized official of an executive agency or the
Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 623. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
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, 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 extent 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 business, wages, and
economic growth; and
(3) recommendations for reform.
(b) Notice.--The Director of the Office of Management and
Budget shall provide public notice and an opportunity to
comment on the statement and report under subsection (a)
before the statement and report are submitted to Congress.
(c) Guidelines.--To implement this section, the Director 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 accounting statement and
associated report under this section. 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 Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 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
detection 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 propaganda
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 regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under section
6301(2) of title 5, United States Code, has an obligation to
expend an honest effort and a reasonable proportion of such
employee's time in the performance of official duties.
Sec. 630. Section 638(h) of the Treasury and General
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
contraceptive 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 subject 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 require
coverage of abortion or abortion-related services.
Sec. 632. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, funds made available for fiscal year 2001 by this
or any other Act to any department or agency, which is a
member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share
of JFMIP administrative costs, as determined by the JFMIP,
but not to exceed a total of $800,000 including the salary of
the Executive Director and staff support.
Sec. 633. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to the ``Policy and
Operations'' account, General Services Administration, with
the approval of the Director
[[Page
H6667]]
of the Office 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
technology, procurement, and other management innovations,
initiatives, and activities, as approved by the Director of
the Office of Management and Budget, in consultation with the
appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council and the Joint
Financial Management Improvement Program for financial
management initiatives, the Chief Information Officers
Council for information technology initiatives, and the
Procurement Executives Council for procurement initiatives).
The total funds transferred shall not exceed $17,000,000.
Such transfers may only be made 15 days following
notification of the Committees on Appropriations by the
Director of the Office of Management and Budget.
Sec. 634. (a) In General.--In accordance with regulations
promulgated by the Office of Personnel Management, 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 facility, or
through contract, for civilian employees of such agency.
(b) Affordability.--Amounts so provided with respect to any
such facility or contractor shall be applied to improve the
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 available 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. 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 specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science; and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 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 ``calendar
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 authorized committee
of a candidate for Federal office)'' each place it appears.
(b) Clarification of Permissible Use of Facsimile Machines
and Electronic Mail To File Reports.--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
required to file electronically pursuant to subsection
(a)(11)(A)(i), with respect to a contribution or expenditure
not later than 24 hours after the contribution or expenditure
is made or received may file the report, designation, 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 Commission.
``(3) In promulgating a regulation under this paragraph,
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 treated 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 advance 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 contributions made within 20
days of election; requiring reports to be made within 24
hours.--Section 304(a)(6)(A) of the Federal Election 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 contribution'' 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 earlier),''.
(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 required to be sent shall be considered the
time of filing of the statement with the recipient.''.
(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 inserting ``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 Metropolitan 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
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 System by virtue of section
49107(b) of title 49, United States Code.
(b) Eligibility To Be Treated as a Law Enforcement Officer
for Retirement Purposes.--
(1) In general.--Any qualified MWAA police officer may, by
written election submitted in accordance 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 officer'').
(c) Regulations.--The Office of Personnel Management 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 Airports Authority, but in
no event later than 1 year after the regulations under this
subsection take effect; and
(2) it is accompanied by payment of an amount equal to,
with respect to all prior service of such employee which is
described in subsection (b)(2)--
(A) the employee deductions that would have been required
for such service under chapter 83 or 84 of title 5, United
States Code (as the case may be) if such election had then
been in effect, minus
(B) the total employee deductions and contributions under
such chapter 83 and 84 (as applicable) that were actually
made for such service,
[[Page
H6668]]
taking into account only amounts required to be credited to
the Civil Service Retirement and Disability Fund. Any amount
under paragraph (2) shall be computed with interest, in
accordance with section 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 Airports 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 service, 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 computed with interest, in
accordance with section 8334(e) of title 5, United States
Code.
(e) Certifications.--The Office of Personnel Management
shall accept, for the purpose of this section, the
certification of--
(1) the Metropolitan Washington Airports Authority (or its
designee) concerning any service performed by an individual
as an MWAA police officer; and
(2) the Federal Aviation Administration (or its designee)
concerning any service performed by an individual as an FAA
police officer.
(f) Reimbursement To Compensate for Unfunded Liability.--
(1) In general.--The Metropolitan Washington Airports
Authority shall pay into the Civil Service Retirement and
Disability Fund an amount (as determined by the Director of
the Office of Personnel 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 5 equal
annual installments, with interest (which shall be computed
at the rate used in the most recent valuation of the Federal
Employees' 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 payment
recommendations, the President's pay agent may, in accordance
with succeeding provisions of this section, make comparisons
of General Schedule pay and non-Federal 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 organization or
entity that regularly compiles similar data for businesses in
the private sector.
(d)(1)(A) This paragraph applies with respect to the 5
metropolitan statistical areas described in paragraph (3)
which--
(i) have the highest levels of nonfarm employment (as
determined based on data made available by the Bureau of
Labor Statistics); and
(ii) as of the date of enactment of this Act, have not
previously been surveyed by the Bureau of Labor Statistics
(as discrete pay localities) for purposes of section 5304 of
title 5, United States Code.
(B) The President's pay agent, based on such comparisons
under subsection (b) as the pay agent considers appropriate,
shall (i) determine whether any of the 5 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 appropriate 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 impracticable, in
a supplementary report which the pay agent shall submit to
the President and the Congress no later than March 1, 2001.
(ii) In the event that the recommendations are completed 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 contemporaneous with their
submission to the President.
(D) Each of the 5 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 payments becoming
payable in 2002.
(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 metropolitan
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 Personnel Management,
respectively) has a high level of nonfarm employment and at
least 2,500 General Schedule employees 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 recommendations
based on such comparisons shall be available to the
President's pay agent only for purposes of comparability
payments becoming payable on or after January 1, 2002, and
before January 1, 2007, and only with respect 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 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 Committees 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 appropriate), 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 disadvantages of
using such data (including whether the effort involved in
analyzing and integrating such data is commensurate with the
benefits derived from their use). The report 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 ongoing 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 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 current
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 subsection, and
the reasons why those additional resources are needed.
Sec. 640. (a) Civil Service Retirement System.--The table
under section 8334(c) of title 5, United States Code, is
amended--
(1) in the matter relating to an employee by striking:
``7.5 January 1, 2001, to
December 31, 2002.
7 After December 31,
2002.''
and inserting the following:
``7 After December 31,
2000.'';
(2) in the matter relating to a Member or employee for
Congressional employee service by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
(3) in the matter relating to a law enforcement officer for
law enforcement service and firefighter for firefighter
service by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
(4) in the matter relating to a bankruptcy judge by
striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
[[Page
H6669]]
and inserting the following:
``8 After December 31,
2000.'';
(5) in the matter relating to a judge of the United States
Court of Appeals for the Armed Forces for service as a judge
of that court by striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(6) in the matter relating to a United States magistrate by
striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(7) in the matter relating to a Court of Federal Claims
judge by striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(8) in the matter relating to a member of the Capitol
Police by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
and
(9) in the matter relating to a nuclear materials courier
by striking:
``8 January 1, 2001 to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.''.
(b) Federal Employees' Retirement System.--
(1) In general.--Section 8422(a) of title 5, United States
Code, is amended by striking paragraph (3) and inserting the
following:
``(3) The applicable percentage under this paragraph for
civilian service shall be as follows:
``Employee............................ 7 January 1, 1987, to
December 31, 1998.
7.25 January 1, 1999, to
December 31, 1999.
7.4 January 1, 2000, to
December 31, 2000.
7 After December 31, 2000.
Congressional employee................ 7.5 January 1, 1987, to
December 31, 1998.
7.75 January 1, 1999, to
December 31, 1999.
7.9 January 1, 2000, to
December 31, 2000.
7.5 After December 31, 2000.
Member................................ 7.5 January 1, 1987, to
December 31, 1998.
7.75 January 1, 1999, to
December 31, 1999.
7.9 January 1, 2000, to
Major Actions:
All articles in House section
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
(House of Representatives - July 20, 2000)
Text of this article available as:
TXT
PDF
[Pages
H6663-H6710]
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
The SPEAKER pro tempore. Pursuant to House Resolution 560 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 4871.
{time} 1804
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (
H.R. 4871) making appropriations for the Treasury Department,
the United States Postal Service, the Executive Office of the
President, and certain Independent Agencies, for the fiscal year ending
September 30, 2001, and for other purposes, with Mr. Dreier in the
chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, the
demand for a recorded vote on the amendment by the gentlewoman from
Connecticut (Ms. DeLauro) had been postponed and title V was open for
amendment at any point.
Pursuant to the order of the House today, the previous order of the
House
[[Page
H6664]]
shall be corrected to read, an amendment by ``Mr. Davis of Virginia,
regarding Federal contracts.''
Are there further amendments to title V?
Amendment Offered by Mr. Inslee
Mr. INSLEE. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Inslee:
Page 64, after line 8, insert the following new section:
Sec. 521. Not later than 90 days after the date of the
enactment of this Act, the Inspector General of each agency
funded under this Act shall submit to the Congress a report
that discloses--
(1) any agency activity related to the collection or review
of singular data, or the creation of aggregate lists that
include personally identifiable information, about
individuals who access any Internet site of the agency; and
(2) any agency activity related to entering into agreements
with third parties, including other government agencies, to
collect, review, or obtain aggregate lists or singular data
containing personally identifiable information relating to
any individual's access or viewing habits to nongovernmental
Internet sites.
Mr. KOLBE. Mr. Chairman, I reserve a point of order.
The CHAIRMAN. The gentleman from Arizona (Mr. Kolbe) reserves a point
of order.
Pursuant to the order of the House of today, the gentleman from
Washington (Mr. Inslee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington (Mr. Inslee).
Mr. INSLEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is a privacy amendment we are offering to assure
ourselves that Congress is made aware of privacy violations or concerns
that arise from agencies' review of citizens' actions on the Internet.
What we have fashioned here is a relatively simple amendment that will
require these agencies, under Treasury and others subject to these
appropriations, to report to Congress of any monitoring activities that
these agencies are involved in on our use of Internet sites.
Now, what has indicated that this is appropriate is both the
proliferation of our use of the Internet and our citizens' use of the
Internet, but also some legitimate concerns we have of some of the
agencies' activity in monitoring citizens' actions on the Internet.
For instance, we have been told that the Office of National Drug
Control Policy had placed cookies on sites that would essentially allow
tracking of personal identifiable information and how people surf or
travel through the Internet.
There are very legitimate privacy concerns that Congress ought to be
aware of before those agency monitoring activities are allowed to
continue. We know about the explosion of the Internet; we also are
aware of the potential explosion in the violation of citizens' privacy
if we do not ride herd on potentially problematic privacy violations.
So what our amendment would seek to do is simply require the agencies
to notify Congress of the nature of these activities by Federal
agencies.
Our people are very concerned and increasingly concerned about
privacy on the Internet and otherwise, and it is certainly appropriate
that we in Congress as the elected officials know about those potential
privacy violations by our own government. This amendment would, in
fact, make sure that these agencies told the elected officials about
those privacy violations if they were occurring, or at least allow us
to determine what should be or should not be allowed in monitoring
Internet access by our citizens.
Mr. Chairman, this is a basic, fundamental American right. Let us
pass this amendment. I hope the chairman actually would allow it so
that we can make sure in Congress that privacy rights of citizens are
not being violated.
Mr. Chairman, I reserve the balance of my time.
Mr. KOLBE. Mr. Chairman, I withdraw my point of order.
The CHAIRMAN. The point of order is withdrawn.
The question is on the amendment offered by the gentleman from
Washington (Mr. Inslee).
The amendment was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
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, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of
such department, agency, or instrumentality.
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 exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, 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 alternative
fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses 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 current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation 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 become 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 admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the
Chinese Student Protection Act of 1992: Provided, That for
the purpose of this section, an affidavit signed by any such
person shall be considered prima facie evidence that the
requirements 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 existing
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 Government. This
section shall not apply to citizens of Ireland, Israel, or
the Republic of the Philippines, or to nationals 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 employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 606. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, 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 buildings 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 receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
[[Page
H6665]]
(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 management 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 expenses 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 current
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 financial support from
more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available
for employment of guards for all buildings and areas owned or
occupied by the Postal Service and under the charge and
control of the Postal Service, and such guards shall have,
with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1,
1948 (62 Stat. 281; 40 U.S.C. 318), and, as to property owned
or occupied by the Postal Service, the Postmaster General may
take the same actions as the Administrator of General
Services may take under the provisions of sections 2 and 3 of
the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a and
318b), attaching thereto penal consequences under the
authority and within the limits provided in section 4 of the
Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the United
States.
Sec. 613. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2001, by this
or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 613 of the Treasury and General
Government Appropriations Act, 2000, until the normal
effective date of the applicable wage survey adjustment that
is to take effect in fiscal year 2001, in an amount that
exceeds the rate payable for the applicable grade and step of
the applicable wage schedule in accordance with such section
613; and
(2) during the period consisting of the remainder of fiscal
year 2001, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
2001 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2001 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average 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) applicable 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 premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, 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 permit
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 employees.
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 obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements 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 contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 616. Notwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for fiscal year 2001 by this or any other Act shall be
available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order No. 12472 (April 3,
1984).
Sec. 617. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service 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 detailed
to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of
the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 618. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2001 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964, 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 determined 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
[[Page
H6666]]
available for the payment of the salary of any officer or
employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee 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 initiative of such
other officer or employee or in response 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 discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 621. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(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 Form
s 312 and 4355 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title
10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of
title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the
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 agreement that is
to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress or
to an authorized official of an executive agency or the
Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 623. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
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, 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 extent 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 business, wages, and
economic growth; and
(3) recommendations for reform.
(b) Notice.--The Director of the Office of Management and
Budget shall provide public notice and an opportunity to
comment on the statement and report under subsection (a)
before the statement and report are submitted to Congress.
(c) Guidelines.--To implement this section, the Director 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 accounting statement and
associated report under this section. 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 Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 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
detection 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 propaganda
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 regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under section
6301(2) of title 5, United States Code, has an obligation to
expend an honest effort and a reasonable proportion of such
employee's time in the performance of official duties.
Sec. 630. Section 638(h) of the Treasury and General
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
contraceptive 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 subject 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 require
coverage of abortion or abortion-related services.
Sec. 632. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, funds made available for fiscal year 2001 by this
or any other Act to any department or agency, which is a
member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share
of JFMIP administrative costs, as determined by the JFMIP,
but not to exceed a total of $800,000 including the salary of
the Executive Director and staff support.
Sec. 633. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to the ``Policy and
Operations'' account, General Services Administration, with
the approval of the Director
[[Page
H6667]]
of the Office 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
technology, procurement, and other management innovations,
initiatives, and activities, as approved by the Director of
the Office of Management and Budget, in consultation with the
appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council and the Joint
Financial Management Improvement Program for financial
management initiatives, the Chief Information Officers
Council for information technology initiatives, and the
Procurement Executives Council for procurement initiatives).
The total funds transferred shall not exceed $17,000,000.
Such transfers may only be made 15 days following
notification of the Committees on Appropriations by the
Director of the Office of Management and Budget.
Sec. 634. (a) In General.--In accordance with regulations
promulgated by the Office of Personnel Management, 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 facility, or
through contract, for civilian employees of such agency.
(b) Affordability.--Amounts so provided with respect to any
such facility or contractor shall be applied to improve the
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 available 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. 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 specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science; and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 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 ``calendar
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 authorized committee
of a candidate for Federal office)'' each place it appears.
(b) Clarification of Permissible Use of Facsimile Machines
and Electronic Mail To File Reports.--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
required to file electronically pursuant to subsection
(a)(11)(A)(i), with respect to a contribution or expenditure
not later than 24 hours after the contribution or expenditure
is made or received may file the report, designation, 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 Commission.
``(3) In promulgating a regulation under this paragraph,
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 treated 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 advance 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 contributions made within 20
days of election; requiring reports to be made within 24
hours.--Section 304(a)(6)(A) of the Federal Election 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 contribution'' 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 earlier),''.
(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 required to be sent shall be considered the
time of filing of the statement with the recipient.''.
(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 inserting ``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 Metropolitan 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
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 System by virtue of section
49107(b) of title 49, United States Code.
(b) Eligibility To Be Treated as a Law Enforcement Officer
for Retirement Purposes.--
(1) In general.--Any qualified MWAA police officer may, by
written election submitted in accordance 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 officer'').
(c) Regulations.--The Office of Personnel Management 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 Airports Authority, but in
no event later than 1 year after the regulations under this
subsection take effect; and
(2) it is accompanied by payment of an amount equal to,
with respect to all prior service of such employee which is
described in subsection (b)(2)--
(A) the employee deductions that would have been required
for such service under chapter 83 or 84 of title 5, United
States Code (as the case may be) if such election had then
been in effect, minus
(B) the total employee deductions and contributions under
such chapter 83 and 84 (as applicable) that were actually
made for such service,
[[Page
H6668]]
taking into account only amounts required to be credited to
the Civil Service Retirement and Disability Fund. Any amount
under paragraph (2) shall be computed with interest, in
accordance with section 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 Airports 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 service, 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 computed with interest, in
accordance with section 8334(e) of title 5, United States
Code.
(e) Certifications.--The Office of Personnel Management
shall accept, for the purpose of this section, the
certification of--
(1) the Metropolitan Washington Airports Authority (or its
designee) concerning any service performed by an individual
as an MWAA police officer; and
(2) the Federal Aviation Administration (or its designee)
concerning any service performed by an individual as an FAA
police officer.
(f) Reimbursement To Compensate for Unfunded Liability.--
(1) In general.--The Metropolitan Washington Airports
Authority shall pay into the Civil Service Retirement and
Disability Fund an amount (as determined by the Director of
the Office of Personnel 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 5 equal
annual installments, with interest (which shall be computed
at the rate used in the most recent valuation of the Federal
Employees' 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 payment
recommendations, the President's pay agent may, in accordance
with succeeding provisions of this section, make comparisons
of General Schedule pay and non-Federal 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 organization or
entity that regularly compiles similar data for businesses in
the private sector.
(d)(1)(A) This paragraph applies with respect to the 5
metropolitan statistical areas described in paragraph (3)
which--
(i) have the highest levels of nonfarm employment (as
determined based on data made available by the Bureau of
Labor Statistics); and
(ii) as of the date of enactment of this Act, have not
previously been surveyed by the Bureau of Labor Statistics
(as discrete pay localities) for purposes of section 5304 of
title 5, United States Code.
(B) The President's pay agent, based on such comparisons
under subsection (b) as the pay agent considers appropriate,
shall (i) determine whether any of the 5 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 appropriate 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 impracticable, in
a supplementary report which the pay agent shall submit to
the President and the Congress no later than March 1, 2001.
(ii) In the event that the recommendations are completed 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 contemporaneous with their
submission to the President.
(D) Each of the 5 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 payments becoming
payable in 2002.
(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 metropolitan
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 Personnel Management,
respectively) has a high level of nonfarm employment and at
least 2,500 General Schedule employees 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 recommendations
based on such comparisons shall be available to the
President's pay agent only for purposes of comparability
payments becoming payable on or after January 1, 2002, and
before January 1, 2007, and only with respect 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 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 Committees 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 appropriate), 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 disadvantages of
using such data (including whether the effort involved in
analyzing and integrating such data is commensurate with the
benefits derived from their use). The report 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 ongoing 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 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 current
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 subsection, and
the reasons why those additional resources are needed.
Sec. 640. (a) Civil Service Retirement System.--The table
under section 8334(c) of title 5, United States Code, is
amended--
(1) in the matter relating to an employee by striking:
``7.5 January 1, 2001, to
December 31, 2002.
7 After December 31,
2002.''
and inserting the following:
``7 After December 31,
2000.'';
(2) in the matter relating to a Member or employee for
Congressional employee service by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
(3) in the matter relating to a law enforcement officer for
law enforcement service and firefighter for firefighter
service by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
(4) in the matter relating to a bankruptcy judge by
striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
[[Page
H6669]]
and inserting the following:
``8 After December 31,
2000.'';
(5) in the matter relating to a judge of the United States
Court of Appeals for the Armed Forces for service as a judge
of that court by striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(6) in the matter relating to a United States magistrate by
striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(7) in the matter relating to a Court of Federal Claims
judge by striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(8) in the matter relating to a member of the Capitol
Police by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
and
(9) in the matter relating to a nuclear materials courier
by striking:
``8 January 1, 2001 to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.''.
(b) Federal Employees' Retirement System.--
(1) In general.--Section 8422(a) of title 5, United States
Code, is amended by striking paragraph (3) and inserting the
following:
``(3) The applicable percentage under this paragraph for
civilian service shall be as follows:
``Employee............................ 7 January 1, 1987, to
December 31, 1998.
7.25 January 1, 1999, to
December 31, 1999.
7.4 January 1, 2000, to
December 31, 2000.
7 After December 31, 2000.
Congressional employee................ 7.5 January 1, 1987, to
December 31, 1998.
7.75 January 1, 1999, to
December 31, 1999.
7.9 January 1, 2000, to
December 31, 2000.
7.5 After December 31, 2000.
Member................................ 7.5 January 1, 1987, to
December 31, 1998.
7.75 January 1, 1999, to
December 31, 1999.
7.9 January 1, 2000, to
Amendments:
Cosponsors:
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
Sponsor:
Summary:
All articles in House section
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
(House of Representatives - July 20, 2000)
Text of this article available as:
TXT
PDF
[Pages
H6663-H6710]
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
The SPEAKER pro tempore. Pursuant to House Resolution 560 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 4871.
{time} 1804
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (
H.R. 4871) making appropriations for the Treasury Department,
the United States Postal Service, the Executive Office of the
President, and certain Independent Agencies, for the fiscal year ending
September 30, 2001, and for other purposes, with Mr. Dreier in the
chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, the
demand for a recorded vote on the amendment by the gentlewoman from
Connecticut (Ms. DeLauro) had been postponed and title V was open for
amendment at any point.
Pursuant to the order of the House today, the previous order of the
House
[[Page
H6664]]
shall be corrected to read, an amendment by ``Mr. Davis of Virginia,
regarding Federal contracts.''
Are there further amendments to title V?
Amendment Offered by Mr. Inslee
Mr. INSLEE. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Inslee:
Page 64, after line 8, insert the following new section:
Sec. 521. Not later than 90 days after the date of the
enactment of this Act, the Inspector General of each agency
funded under this Act shall submit to the Congress a report
that discloses--
(1) any agency activity related to the collection or review
of singular data, or the creation of aggregate lists that
include personally identifiable information, about
individuals who access any Internet site of the agency; and
(2) any agency activity related to entering into agreements
with third parties, including other government agencies, to
collect, review, or obtain aggregate lists or singular data
containing personally identifiable information relating to
any individual's access or viewing habits to nongovernmental
Internet sites.
Mr. KOLBE. Mr. Chairman, I reserve a point of order.
The CHAIRMAN. The gentleman from Arizona (Mr. Kolbe) reserves a point
of order.
Pursuant to the order of the House of today, the gentleman from
Washington (Mr. Inslee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington (Mr. Inslee).
Mr. INSLEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is a privacy amendment we are offering to assure
ourselves that Congress is made aware of privacy violations or concerns
that arise from agencies' review of citizens' actions on the Internet.
What we have fashioned here is a relatively simple amendment that will
require these agencies, under Treasury and others subject to these
appropriations, to report to Congress of any monitoring activities that
these agencies are involved in on our use of Internet sites.
Now, what has indicated that this is appropriate is both the
proliferation of our use of the Internet and our citizens' use of the
Internet, but also some legitimate concerns we have of some of the
agencies' activity in monitoring citizens' actions on the Internet.
For instance, we have been told that the Office of National Drug
Control Policy had placed cookies on sites that would essentially allow
tracking of personal identifiable information and how people surf or
travel through the Internet.
There are very legitimate privacy concerns that Congress ought to be
aware of before those agency monitoring activities are allowed to
continue. We know about the explosion of the Internet; we also are
aware of the potential explosion in the violation of citizens' privacy
if we do not ride herd on potentially problematic privacy violations.
So what our amendment would seek to do is simply require the agencies
to notify Congress of the nature of these activities by Federal
agencies.
Our people are very concerned and increasingly concerned about
privacy on the Internet and otherwise, and it is certainly appropriate
that we in Congress as the elected officials know about those potential
privacy violations by our own government. This amendment would, in
fact, make sure that these agencies told the elected officials about
those privacy violations if they were occurring, or at least allow us
to determine what should be or should not be allowed in monitoring
Internet access by our citizens.
Mr. Chairman, this is a basic, fundamental American right. Let us
pass this amendment. I hope the chairman actually would allow it so
that we can make sure in Congress that privacy rights of citizens are
not being violated.
Mr. Chairman, I reserve the balance of my time.
Mr. KOLBE. Mr. Chairman, I withdraw my point of order.
The CHAIRMAN. The point of order is withdrawn.
The question is on the amendment offered by the gentleman from
Washington (Mr. Inslee).
The amendment was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
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, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of
such department, agency, or instrumentality.
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 exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, 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 alternative
fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses 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 current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation 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 become 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 admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the
Chinese Student Protection Act of 1992: Provided, That for
the purpose of this section, an affidavit signed by any such
person shall be considered prima facie evidence that the
requirements 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 existing
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 Government. This
section shall not apply to citizens of Ireland, Israel, or
the Republic of the Philippines, or to nationals 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 employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 606. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, 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 buildings 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 receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
[[Page
H6665]]
(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 management 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 expenses 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 current
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 financial support from
more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available
for employment of guards for all buildings and areas owned or
occupied by the Postal Service and under the charge and
control of the Postal Service, and such guards shall have,
with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1,
1948 (62 Stat. 281; 40 U.S.C. 318), and, as to property owned
or occupied by the Postal Service, the Postmaster General may
take the same actions as the Administrator of General
Services may take under the provisions of sections 2 and 3 of
the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a and
318b), attaching thereto penal consequences under the
authority and within the limits provided in section 4 of the
Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the United
States.
Sec. 613. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2001, by this
or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 613 of the Treasury and General
Government Appropriations Act, 2000, until the normal
effective date of the applicable wage survey adjustment that
is to take effect in fiscal year 2001, in an amount that
exceeds the rate payable for the applicable grade and step of
the applicable wage schedule in accordance with such section
613; and
(2) during the period consisting of the remainder of fiscal
year 2001, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
2001 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2001 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average 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) applicable 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 premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, 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 permit
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 employees.
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 obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements 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 contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 616. Notwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for fiscal year 2001 by this or any other Act shall be
available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order No. 12472 (April 3,
1984).
Sec. 617. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service 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 detailed
to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of
the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 618. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2001 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964, 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 determined 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
[[Page
H6666]]
available for the payment of the salary of any officer or
employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee 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 initiative of such
other officer or employee or in response 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 discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 621. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(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 Form
s 312 and 4355 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title
10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of
title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the
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 agreement that is
to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress or
to an authorized official of an executive agency or the
Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 623. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
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, 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 extent 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 business, wages, and
economic growth; and
(3) recommendations for reform.
(b) Notice.--The Director of the Office of Management and
Budget shall provide public notice and an opportunity to
comment on the statement and report under subsection (a)
before the statement and report are submitted to Congress.
(c) Guidelines.--To implement this section, the Director 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 accounting statement and
associated report under this section. 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 Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 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
detection 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 propaganda
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 regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under section
6301(2) of title 5, United States Code, has an obligation to
expend an honest effort and a reasonable proportion of such
employee's time in the performance of official duties.
Sec. 630. Section 638(h) of the Treasury and General
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
contraceptive 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 subject 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 require
coverage of abortion or abortion-related services.
Sec. 632. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, funds made available for fiscal year 2001 by this
or any other Act to any department or agency, which is a
member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share
of JFMIP administrative costs, as determined by the JFMIP,
but not to exceed a total of $800,000 including the salary of
the Executive Director and staff support.
Sec. 633. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to the ``Policy and
Operations'' account, General Services Administration, with
the approval of the Director
[[Page
H6667]]
of the Office 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
technology, procurement, and other management innovations,
initiatives, and activities, as approved by the Director of
the Office of Management and Budget, in consultation with the
appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council and the Joint
Financial Management Improvement Program for financial
management initiatives, the Chief Information Officers
Council for information technology initiatives, and the
Procurement Executives Council for procurement initiatives).
The total funds transferred shall not exceed $17,000,000.
Such transfers may only be made 15 days following
notification of the Committees on Appropriations by the
Director of the Office of Management and Budget.
Sec. 634. (a) In General.--In accordance with regulations
promulgated by the Office of Personnel Management, 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 facility, or
through contract, for civilian employees of such agency.
(b) Affordability.--Amounts so provided with respect to any
such facility or contractor shall be applied to improve the
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 available 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. 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 specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science; and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 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 ``calendar
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 authorized committee
of a candidate for Federal office)'' each place it appears.
(b) Clarification of Permissible Use of Facsimile Machines
and Electronic Mail To File Reports.--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
required to file electronically pursuant to subsection
(a)(11)(A)(i), with respect to a contribution or expenditure
not later than 24 hours after the contribution or expenditure
is made or received may file the report, designation, 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 Commission.
``(3) In promulgating a regulation under this paragraph,
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 treated 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 advance 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 contributions made within 20
days of election; requiring reports to be made within 24
hours.--Section 304(a)(6)(A) of the Federal Election 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 contribution'' 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 earlier),''.
(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 required to be sent shall be considered the
time of filing of the statement with the recipient.''.
(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 inserting ``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 Metropolitan 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
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 System by virtue of section
49107(b) of title 49, United States Code.
(b) Eligibility To Be Treated as a Law Enforcement Officer
for Retirement Purposes.--
(1) In general.--Any qualified MWAA police officer may, by
written election submitted in accordance 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 officer'').
(c) Regulations.--The Office of Personnel Management 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 Airports Authority, but in
no event later than 1 year after the regulations under this
subsection take effect; and
(2) it is accompanied by payment of an amount equal to,
with respect to all prior service of such employee which is
described in subsection (b)(2)--
(A) the employee deductions that would have been required
for such service under chapter 83 or 84 of title 5, United
States Code (as the case may be) if such election had then
been in effect, minus
(B) the total employee deductions and contributions under
such chapter 83 and 84 (as applicable) that were actually
made for such service,
[[Page
H6668]]
taking into account only amounts required to be credited to
the Civil Service Retirement and Disability Fund. Any amount
under paragraph (2) shall be computed with interest, in
accordance with section 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 Airports 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 service, 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 computed with interest, in
accordance with section 8334(e) of title 5, United States
Code.
(e) Certifications.--The Office of Personnel Management
shall accept, for the purpose of this section, the
certification of--
(1) the Metropolitan Washington Airports Authority (or its
designee) concerning any service performed by an individual
as an MWAA police officer; and
(2) the Federal Aviation Administration (or its designee)
concerning any service performed by an individual as an FAA
police officer.
(f) Reimbursement To Compensate for Unfunded Liability.--
(1) In general.--The Metropolitan Washington Airports
Authority shall pay into the Civil Service Retirement and
Disability Fund an amount (as determined by the Director of
the Office of Personnel 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 5 equal
annual installments, with interest (which shall be computed
at the rate used in the most recent valuation of the Federal
Employees' 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 payment
recommendations, the President's pay agent may, in accordance
with succeeding provisions of this section, make comparisons
of General Schedule pay and non-Federal 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 organization or
entity that regularly compiles similar data for businesses in
the private sector.
(d)(1)(A) This paragraph applies with respect to the 5
metropolitan statistical areas described in paragraph (3)
which--
(i) have the highest levels of nonfarm employment (as
determined based on data made available by the Bureau of
Labor Statistics); and
(ii) as of the date of enactment of this Act, have not
previously been surveyed by the Bureau of Labor Statistics
(as discrete pay localities) for purposes of section 5304 of
title 5, United States Code.
(B) The President's pay agent, based on such comparisons
under subsection (b) as the pay agent considers appropriate,
shall (i) determine whether any of the 5 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 appropriate 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 impracticable, in
a supplementary report which the pay agent shall submit to
the President and the Congress no later than March 1, 2001.
(ii) In the event that the recommendations are completed 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 contemporaneous with their
submission to the President.
(D) Each of the 5 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 payments becoming
payable in 2002.
(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 metropolitan
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 Personnel Management,
respectively) has a high level of nonfarm employment and at
least 2,500 General Schedule employees 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 recommendations
based on such comparisons shall be available to the
President's pay agent only for purposes of comparability
payments becoming payable on or after January 1, 2002, and
before January 1, 2007, and only with respect 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 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 Committees 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 appropriate), 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 disadvantages of
using such data (including whether the effort involved in
analyzing and integrating such data is commensurate with the
benefits derived from their use). The report 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 ongoing 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 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 current
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 subsection, and
the reasons why those additional resources are needed.
Sec. 640. (a) Civil Service Retirement System.--The table
under section 8334(c) of title 5, United States Code, is
amended--
(1) in the matter relating to an employee by striking:
``7.5 January 1, 2001, to
December 31, 2002.
7 After December 31,
2002.''
and inserting the following:
``7 After December 31,
2000.'';
(2) in the matter relating to a Member or employee for
Congressional employee service by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
(3) in the matter relating to a law enforcement officer for
law enforcement service and firefighter for firefighter
service by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
(4) in the matter relating to a bankruptcy judge by
striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
[[Page
H6669]]
and inserting the following:
``8 After December 31,
2000.'';
(5) in the matter relating to a judge of the United States
Court of Appeals for the Armed Forces for service as a judge
of that court by striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(6) in the matter relating to a United States magistrate by
striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(7) in the matter relating to a Court of Federal Claims
judge by striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(8) in the matter relating to a member of the Capitol
Police by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
and
(9) in the matter relating to a nuclear materials courier
by striking:
``8 January 1, 2001 to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.''.
(b) Federal Employees' Retirement System.--
(1) In general.--Section 8422(a) of title 5, United States
Code, is amended by striking paragraph (3) and inserting the
following:
``(3) The applicable percentage under this paragraph for
civilian service shall be as follows:
``Employee............................ 7 January 1, 1987, to
December 31, 1998.
7.25 January 1, 1999, to
December 31, 1999.
7.4 January 1, 2000, to
December 31, 2000.
7 After December 31, 2000.
Congressional employee................ 7.5 January 1, 1987, to
December 31, 1998.
7.75 January 1, 1999, to
December 31, 1999.
7.9 January 1, 2000, to
December 31, 2000.
7.5 After December 31, 2000.
Member................................ 7.5 January 1, 1987, to
December 31, 1998.
7.75 January 1, 1999, to
December 31, 1999.
7.9 January 1, 2000, to
Major Actions:
All articles in House section
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
(House of Representatives - July 20, 2000)
Text of this article available as:
TXT
PDF
[Pages
H6663-H6710]
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
The SPEAKER pro tempore. Pursuant to House Resolution 560 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 4871.
{time} 1804
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (
H.R. 4871) making appropriations for the Treasury Department,
the United States Postal Service, the Executive Office of the
President, and certain Independent Agencies, for the fiscal year ending
September 30, 2001, and for other purposes, with Mr. Dreier in the
chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, the
demand for a recorded vote on the amendment by the gentlewoman from
Connecticut (Ms. DeLauro) had been postponed and title V was open for
amendment at any point.
Pursuant to the order of the House today, the previous order of the
House
[[Page
H6664]]
shall be corrected to read, an amendment by ``Mr. Davis of Virginia,
regarding Federal contracts.''
Are there further amendments to title V?
Amendment Offered by Mr. Inslee
Mr. INSLEE. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Inslee:
Page 64, after line 8, insert the following new section:
Sec. 521. Not later than 90 days after the date of the
enactment of this Act, the Inspector General of each agency
funded under this Act shall submit to the Congress a report
that discloses--
(1) any agency activity related to the collection or review
of singular data, or the creation of aggregate lists that
include personally identifiable information, about
individuals who access any Internet site of the agency; and
(2) any agency activity related to entering into agreements
with third parties, including other government agencies, to
collect, review, or obtain aggregate lists or singular data
containing personally identifiable information relating to
any individual's access or viewing habits to nongovernmental
Internet sites.
Mr. KOLBE. Mr. Chairman, I reserve a point of order.
The CHAIRMAN. The gentleman from Arizona (Mr. Kolbe) reserves a point
of order.
Pursuant to the order of the House of today, the gentleman from
Washington (Mr. Inslee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington (Mr. Inslee).
Mr. INSLEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is a privacy amendment we are offering to assure
ourselves that Congress is made aware of privacy violations or concerns
that arise from agencies' review of citizens' actions on the Internet.
What we have fashioned here is a relatively simple amendment that will
require these agencies, under Treasury and others subject to these
appropriations, to report to Congress of any monitoring activities that
these agencies are involved in on our use of Internet sites.
Now, what has indicated that this is appropriate is both the
proliferation of our use of the Internet and our citizens' use of the
Internet, but also some legitimate concerns we have of some of the
agencies' activity in monitoring citizens' actions on the Internet.
For instance, we have been told that the Office of National Drug
Control Policy had placed cookies on sites that would essentially allow
tracking of personal identifiable information and how people surf or
travel through the Internet.
There are very legitimate privacy concerns that Congress ought to be
aware of before those agency monitoring activities are allowed to
continue. We know about the explosion of the Internet; we also are
aware of the potential explosion in the violation of citizens' privacy
if we do not ride herd on potentially problematic privacy violations.
So what our amendment would seek to do is simply require the agencies
to notify Congress of the nature of these activities by Federal
agencies.
Our people are very concerned and increasingly concerned about
privacy on the Internet and otherwise, and it is certainly appropriate
that we in Congress as the elected officials know about those potential
privacy violations by our own government. This amendment would, in
fact, make sure that these agencies told the elected officials about
those privacy violations if they were occurring, or at least allow us
to determine what should be or should not be allowed in monitoring
Internet access by our citizens.
Mr. Chairman, this is a basic, fundamental American right. Let us
pass this amendment. I hope the chairman actually would allow it so
that we can make sure in Congress that privacy rights of citizens are
not being violated.
Mr. Chairman, I reserve the balance of my time.
Mr. KOLBE. Mr. Chairman, I withdraw my point of order.
The CHAIRMAN. The point of order is withdrawn.
The question is on the amendment offered by the gentleman from
Washington (Mr. Inslee).
The amendment was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
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, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of
such department, agency, or instrumentality.
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 exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, 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 alternative
fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses 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 current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation 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 become 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 admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the
Chinese Student Protection Act of 1992: Provided, That for
the purpose of this section, an affidavit signed by any such
person shall be considered prima facie evidence that the
requirements 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 existing
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 Government. This
section shall not apply to citizens of Ireland, Israel, or
the Republic of the Philippines, or to nationals 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 employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 606. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, 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 buildings 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 receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
[[Page
H6665]]
(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 management 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 expenses 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 current
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 financial support from
more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available
for employment of guards for all buildings and areas owned or
occupied by the Postal Service and under the charge and
control of the Postal Service, and such guards shall have,
with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1,
1948 (62 Stat. 281; 40 U.S.C. 318), and, as to property owned
or occupied by the Postal Service, the Postmaster General may
take the same actions as the Administrator of General
Services may take under the provisions of sections 2 and 3 of
the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a and
318b), attaching thereto penal consequences under the
authority and within the limits provided in section 4 of the
Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the United
States.
Sec. 613. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2001, by this
or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 613 of the Treasury and General
Government Appropriations Act, 2000, until the normal
effective date of the applicable wage survey adjustment that
is to take effect in fiscal year 2001, in an amount that
exceeds the rate payable for the applicable grade and step of
the applicable wage schedule in accordance with such section
613; and
(2) during the period consisting of the remainder of fiscal
year 2001, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
2001 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2001 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average 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) applicable 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 premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, 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 permit
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 employees.
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 obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements 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 contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 616. Notwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for fiscal year 2001 by this or any other Act shall be
available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order No. 12472 (April 3,
1984).
Sec. 617. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service 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 detailed
to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of
the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 618. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2001 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964, 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 determined 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
[[Page
H6666]]
available for the payment of the salary of any officer or
employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee 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 initiative of such
other officer or employee or in response 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 discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 621. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(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 Form
s 312 and 4355 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title
10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of
title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the
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 agreement that is
to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress or
to an authorized official of an executive agency or the
Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 623. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
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, 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 extent 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 business, wages, and
economic growth; and
(3) recommendations for reform.
(b) Notice.--The Director of the Office of Management and
Budget shall provide public notice and an opportunity to
comment on the statement and report under subsection (a)
before the statement and report are submitted to Congress.
(c) Guidelines.--To implement this section, the Director 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 accounting statement and
associated report under this section. 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 Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 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
detection 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 propaganda
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 regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under section
6301(2) of title 5, United States Code, has an obligation to
expend an honest effort and a reasonable proportion of such
employee's time in the performance of official duties.
Sec. 630. Section 638(h) of the Treasury and General
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
contraceptive 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 subject 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 require
coverage of abortion or abortion-related services.
Sec. 632. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, funds made available for fiscal year 2001 by this
or any other Act to any department or agency, which is a
member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share
of JFMIP administrative costs, as determined by the JFMIP,
but not to exceed a total of $800,000 including the salary of
the Executive Director and staff support.
Sec. 633. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to the ``Policy and
Operations'' account, General Services Administration, with
the approval of the Director
[[Page
H6667]]
of the Office 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
technology, procurement, and other management innovations,
initiatives, and activities, as approved by the Director of
the Office of Management and Budget, in consultation with the
appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council and the Joint
Financial Management Improvement Program for financial
management initiatives, the Chief Information Officers
Council for information technology initiatives, and the
Procurement Executives Council for procurement initiatives).
The total funds transferred shall not exceed $17,000,000.
Such transfers may only be made 15 days following
notification of the Committees on Appropriations by the
Director of the Office of Management and Budget.
Sec. 634. (a) In General.--In accordance with regulations
promulgated by the Office of Personnel Management, 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 facility, or
through contract, for civilian employees of such agency.
(b) Affordability.--Amounts so provided with respect to any
such facility or contractor shall be applied to improve the
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 available 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. 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 specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science; and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 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 ``calendar
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 authorized committee
of a candidate for Federal office)'' each place it appears.
(b) Clarification of Permissible Use of Facsimile Machines
and Electronic Mail To File Reports.--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
required to file electronically pursuant to subsection
(a)(11)(A)(i), with respect to a contribution or expenditure
not later than 24 hours after the contribution or expenditure
is made or received may file the report, designation, 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 Commission.
``(3) In promulgating a regulation under this paragraph,
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 treated 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 advance 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 contributions made within 20
days of election; requiring reports to be made within 24
hours.--Section 304(a)(6)(A) of the Federal Election 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 contribution'' 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 earlier),''.
(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 required to be sent shall be considered the
time of filing of the statement with the recipient.''.
(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 inserting ``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 Metropolitan 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
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 System by virtue of section
49107(b) of title 49, United States Code.
(b) Eligibility To Be Treated as a Law Enforcement Officer
for Retirement Purposes.--
(1) In general.--Any qualified MWAA police officer may, by
written election submitted in accordance 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 officer'').
(c) Regulations.--The Office of Personnel Management 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 Airports Authority, but in
no event later than 1 year after the regulations under this
subsection take effect; and
(2) it is accompanied by payment of an amount equal to,
with respect to all prior service of such employee which is
described in subsection (b)(2)--
(A) the employee deductions that would have been required
for such service under chapter 83 or 84 of title 5, United
States Code (as the case may be) if such election had then
been in effect, minus
(B) the total employee deductions and contributions under
such chapter 83 and 84 (as applicable) that were actually
made for such service,
[[Page
H6668]]
taking into account only amounts required to be credited to
the Civil Service Retirement and Disability Fund. Any amount
under paragraph (2) shall be computed with interest, in
accordance with section 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 Airports 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 service, 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 computed with interest, in
accordance with section 8334(e) of title 5, United States
Code.
(e) Certifications.--The Office of Personnel Management
shall accept, for the purpose of this section, the
certification of--
(1) the Metropolitan Washington Airports Authority (or its
designee) concerning any service performed by an individual
as an MWAA police officer; and
(2) the Federal Aviation Administration (or its designee)
concerning any service performed by an individual as an FAA
police officer.
(f) Reimbursement To Compensate for Unfunded Liability.--
(1) In general.--The Metropolitan Washington Airports
Authority shall pay into the Civil Service Retirement and
Disability Fund an amount (as determined by the Director of
the Office of Personnel 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 5 equal
annual installments, with interest (which shall be computed
at the rate used in the most recent valuation of the Federal
Employees' 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 payment
recommendations, the President's pay agent may, in accordance
with succeeding provisions of this section, make comparisons
of General Schedule pay and non-Federal 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 organization or
entity that regularly compiles similar data for businesses in
the private sector.
(d)(1)(A) This paragraph applies with respect to the 5
metropolitan statistical areas described in paragraph (3)
which--
(i) have the highest levels of nonfarm employment (as
determined based on data made available by the Bureau of
Labor Statistics); and
(ii) as of the date of enactment of this Act, have not
previously been surveyed by the Bureau of Labor Statistics
(as discrete pay localities) for purposes of section 5304 of
title 5, United States Code.
(B) The President's pay agent, based on such comparisons
under subsection (b) as the pay agent considers appropriate,
shall (i) determine whether any of the 5 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 appropriate 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 impracticable, in
a supplementary report which the pay agent shall submit to
the President and the Congress no later than March 1, 2001.
(ii) In the event that the recommendations are completed 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 contemporaneous with their
submission to the President.
(D) Each of the 5 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 payments becoming
payable in 2002.
(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 metropolitan
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 Personnel Management,
respectively) has a high level of nonfarm employment and at
least 2,500 General Schedule employees 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 recommendations
based on such comparisons shall be available to the
President's pay agent only for purposes of comparability
payments becoming payable on or after January 1, 2002, and
before January 1, 2007, and only with respect 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 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 Committees 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 appropriate), 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 disadvantages of
using such data (including whether the effort involved in
analyzing and integrating such data is commensurate with the
benefits derived from their use). The report 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 ongoing 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 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 current
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 subsection, and
the reasons why those additional resources are needed.
Sec. 640. (a) Civil Service Retirement System.--The table
under section 8334(c) of title 5, United States Code, is
amended--
(1) in the matter relating to an employee by striking:
``7.5 January 1, 2001, to
December 31, 2002.
7 After December 31,
2002.''
and inserting the following:
``7 After December 31,
2000.'';
(2) in the matter relating to a Member or employee for
Congressional employee service by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
(3) in the matter relating to a law enforcement officer for
law enforcement service and firefighter for firefighter
service by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
(4) in the matter relating to a bankruptcy judge by
striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
[[Page
H6669]]
and inserting the following:
``8 After December 31,
2000.'';
(5) in the matter relating to a judge of the United States
Court of Appeals for the Armed Forces for service as a judge
of that court by striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(6) in the matter relating to a United States magistrate by
striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(7) in the matter relating to a Court of Federal Claims
judge by striking:
``8.5 January 1, 2001, to
December 31, 2002.
8 After December 31,
2002.''
and inserting the following:
``8 After December 31,
2000.'';
(8) in the matter relating to a member of the Capitol
Police by striking:
``8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.'';
and
(9) in the matter relating to a nuclear materials courier
by striking:
``8 January 1, 2001 to
December 31, 2002.
7.5 After December 31,
2002.''
and inserting the following:
``7.5 After December 31,
2000.''.
(b) Federal Employees' Retirement System.--
(1) In general.--Section 8422(a) of title 5, United States
Code, is amended by striking paragraph (3) and inserting the
following:
``(3) The applicable percentage under this paragraph for
civilian service shall be as follows:
``Employee............................ 7 January 1, 1987, to
December 31, 1998.
7.25 January 1, 1999, to
December 31, 1999.
7.4 January 1, 2000, to
December 31, 2000.
7 After December 31, 2000.
Congressional employee................ 7.5 January 1, 1987, to
December 31, 1998.
7.75 January 1, 1999, to
December 31, 1999.
7.9 January 1, 2000, to
December 31, 2000.
7.5 After December 31, 2000.
Member................................ 7.5 January 1, 1987, to
December 31, 1998.
7.75 January 1, 1999, to
December 31, 1999.
7.9 January 1, 2000, to
Amendments:
Cosponsors:
