H. R. 4539—39
(f) For the purpose of administering any provision of law
(including section 8431 of title 5, United States Code, and any
rule or regulation that provides premium pay, retirement, life insur-
ance, 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 excep-
tions to the limitations imposed by this section if the Office deter-
mines that such exceptions are necessary to ensure the recruitment
or retention of qualified employees.
SEC. 618. During the period in which the head of any depart-
ment 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 improve-
ments for any such office, unless advance notice of such furnishing
or redecoration is expressly approved by the Committees on Appro-
priations of the House and Senate. 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. 619. (a) Notwithstanding the provisions of sections 112
and 113 of title 3, United States Code, each Executive agency
detailing any personnel shall submit a report on an annual basis
in each fiscal year to the Senate and House Committees on Appro-
priations on all employees or members of the armed services
detailed to Executive agencies, listing the grade, position, and offices
of each person detailed and the agency to which each such person
is detailed.
(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 Depart-
ment 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 the Treasury, the Department
of Transportation, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
(c) The exemptions in part (b) of this section are not intended
to apply to information on the use of personnel detailed to or
from the intelligence agencies which is currently being supplied
H. R. 4539—40
to the Senate and House Intelligence and Appropriations Commit-
tees by the executive branch through budget justification materials
and other reports.
(d) For the purposes of this section, the term ‘‘Executive agency’’
has the same meaning as defined under section 105 of title 5,
United States Code (except that the provisions of section 104(2)
of title 5, United States Code, shall not apply), and includes the
White House Office, the Executive Residence, and any office, council,
or organizational unit of the Executive Office of the President.
SEC. 620. No funds appropriated in this or any other Act
for fiscal year 1995 may be used to implement or enforce the
agreements in Standard Forms 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 12356; 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 Con-
gress 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 secu-
rity, 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. section 783(b)). The definitions, requirements,
obligations, rights, sanctions and liabilities created by said Execu-
tive Order and listed statutes are incorporated into this Agreement
and are controlling.’’.
SEC. 621. Notwithstanding any other provision of law, no execu-
tive branch agency shall purchase, construct, and/or lease any addi-
tional 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 House and Senate
Committees on Appropriations.
SEC. 622. (a) None of the funds appropriated by this or any
other Act may be expended by any Federal agency to procure
any product or service that is subject to the provisions of Public
Law 89–306 and that will be available under the procurement
by the Administrator of General Services known as ‘‘FTS2000’’
unless—
(1) such product or service is procured by the Administrator
of General Services as part of the procurement known as
‘‘FTS2000’’; or
(2) that agency establishes to the satisfaction of the
Administrator of General Services that—
(A) the agency’s requirements for such procurement
are unique and cannot be satisfied by property and service
procured by the Administrator of General Services as part
of the procurement known as ‘‘FTS2000’’; and
(B) the agency procurement, pursuant to such delega-
tion, would be cost-effective and would not adversely affect
the cost-effectiveness of the FTS2000 procurement.
H. R. 4539—41
(b) After July 31, 1995, subsection (a) shall apply only if the
Administrator of General Services has reported that the FTS2000
procurement is producing prices that allow the Government to
satisfy its requirements for such procurement in the most cost-
effective manner.
SEC. 623. (a) No amount of any grant made by a Federal
agency shall be used to finance the acquisition of goods or services
(including construction services) unless the recipient of the grant
agrees, as a condition for the receipt of such grant, to—
(1) specify in any announcement of the awarding of the
contract for the procurement of the goods and services involved
(including construction services) the amount of Federal funds
that will be used to finance the acquisition; and
(2) express the amount announced pursuant to paragraph
(1) as a percentage of the total costs of the planned acquisition.
(b) The requirements of subsection (a) shall not apply to a
procurement for goods or services (including construction services)
that has an aggregate value of less than $500,000.
SEC. 624. Notwithstanding section 1346 of title 31, United
States Code, funds made available for fiscal year 1995 by this
or any other Act shall be available for the interagency funding
of national security and emergency preparedness telecommuni-
cations initiatives which benefit multiple Federal departments,
agencies, or entities, as provided by Executive Order Numbered
12472 (April 3, 1984).
SEC. 625. Notwithstanding any provisions of this or any other
Act, during the fiscal year ending September 30, 1995, any depart-
ment, division, bureau, or office may use funds appropriated by
this or any other Act to install telephone lines, and necessary
equipment, and to pay monthly charges, in any private residence
or private apartment of an employee who has been authorized
to work at home in accordance with guidelines issued by the Office
of Personnel Management: Provided, That the head of the depart-
ment, division, bureau, or office certifies that adequate safeguards
against private misuse exist, and that the service is necessary
for direct support of the agency’s mission.
SEC. 626. (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 pur-
suant 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 employ-
ing 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 Depart-
ment of State;
H. R. 4539—42
(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. 627. None of the funds appropriated by this or any other
Act may be used to relocate the Department of Justice Immigration
Judges from offices located in Phoenix, Arizona to new quarters
in Florence, Arizona without the prior approval of the House and
Senate Committees on Appropriations.
SEC. 628. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 1995 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 discrimi-
nation and sexual harassment and that all of its workplaces are
not in violation of title VII of the Civil Rights Act of 1964, as
amended, the Age Discrimination in Employment Act of 1967, and
the Rehabilitation Act of 1973.
SEC. 629. (a)(1) Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
‘‘§ 6327. Absence in connection with serving as a bone-mar-
row or organ donor
‘‘(a) An employee in or under an Executive agency is entitled
to leave without loss of or reduction in pay, leave to which otherwise
entitled, credit for time or service, or performance or efficiency
rating, for the time necessary to permit such employee to serve
as a bone-marrow or organ donor.
‘‘(b) Not to exceed 7 days of leave may be used under this
section by an employee in a calendar year.
‘‘(c) The Office of Personnel Management may prescribe regula-
tions for the administration of this section.’’.
(2)(A) Section 6129 of title 5, United States Code, is amended
by inserting ‘‘6327,’’ after ‘‘6326,’’.
(B) The table of sections for chapter 63 of title 5, United
States Code, is amended by adding after the item relating to section
6326 the following:
‘‘6327. Absence in connection with serving as a bone-marrow or organ donor.’’.
(b)(1) Section 6307 of title 5, United States Code, is amended—
(A) by redesignating subsection (c) as subsection (d);
(B) by inserting after subsection (b) the following:
‘‘(c) Sick leave provided by this section may be used for purposes
relating to the adoption of a child.’’; and
(C) in subsection (d) (as so redesignated by subparagraph
(A)) by inserting ‘‘or for purposes relating to the adoption of
a child,’’ after ‘‘ailment,’’.
(2) Section 6129 of title 5, United States Code, is amended
by striking ‘‘6307 (a) and (c),’’ and inserting ‘‘6307 (a) and (d),’’.
(3)(A) The Office of Personnel Management shall prescribe regu-
lations under which any employee who used or uses annual leave
for an adoption-related purpose, after September 30, 1991, and
before the date as of which sick leave first becomes available for
such purpose as a result of the enactment of this subsection may,