H. R. 2378—41
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. 615. 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
improvements for any such office, unless advance notice of such
furnishing or redecoration is expressly approved by the Committees
on Appropriations 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. 616. 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. 617. Notwithstanding section 1346 of title 31, United
States Code, or section 611 of this Act, funds made available for
fiscal year 1998 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. 618. (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;
H. R. 2378—42
(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 Transportation, the Department
of the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
SEC. 619. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 1998 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. 620. No part of any appropriation contained in this Act
may be used to pay for the expenses of travel of employees, including
employees of the Executive Office of the President, not directly
responsible for the discharge of official governmental tasks and
duties: Provided, That this restriction shall not apply to the family
of the President, Members of Congress or their spouses, Heads
of State of a foreign country or their designees, persons providing
assistance to the President for official purposes, or other individuals
so designated by the President.
SEC. 621. Notwithstanding any provision of law, the President,
or his designee, must certify to Congress, annually, that no person
or persons with direct or indirect responsibility for administering
the Executive Office of the President’s Drug-Free Workplace Plan
are themselves subject to a program of individual random drug
testing.
SEC. 622. (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 emo-
tional response or psychological stress in some participants;
(3) does not require prior employee notification of the con-
tent 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 Commis-
sion Notice N–915.022, dated September 2, 1988;
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace; or
(6) includes content related to human immunodeficiency
virus-acquired immune deficiency syndrome (HIV/AIDS) other
than that necessary to make employees more aware of the
H. R. 2378—43
medical ramifications of HIV/AIDS and the workplace rights
of HIV-positive employees.
(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. 623. No funds appropriated in this or any other Act
for fiscal year 1998 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 No. 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 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 para-
graph, 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 appro-
priate 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. 624. 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 relation-
ships, 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 legisla-
tion pending before the Congress, except in presentation to the
Congress itself.
SEC. 625. (a) IN GENERAL.—No later than September 30, 1998,
the Director of the Office of Management and Budget shall submit
to the Congress a report that provides—
(1) estimates of the total annual costs and benefits of
Federal regulatory programs, including quantitative and non-
quantitative measures of regulatory costs and benefits;
H. R. 2378—44
(2) estimates of the costs and benefits (including quan-
titative and nonquantitative measures) of each rule that is
likely to have a gross annual effect on the economy of
$100,000,000 or more in increased costs;
(3) an assessment of the direct and indirect impacts of
Federal rules on the private sector, State and local government,
and the Federal Government; and
(4) recommendations from the Director and a description
of significant public comments to reform or eliminate any Fed-
eral regulatory program or program element that is inefficient,
ineffective, or is not a sound use of the Nation’s resources.
(b) NOTICE.—The Director shall provide public notice and an
opportunity to comment on the report under subsection (a) before
the report is issued in final form.
SEC. 626. None of the funds appropriated by this Act or any
other Act, may be used by an agency to provide a Federal employee’s
home address to any labor organization except when it is made
known to the Federal official having authority to obligate or expend
such funds that the employee has authorized such disclosure or
that such disclosure has been ordered by a court of competent
jurisdiction.
SEC. 627. The Secretary of the Treasury is authorized to estab-
lish scientific certification standards for explosives detection
canines, and shall provide, on a reimbursable basis, for the certifi-
cation of explosives detection canines employed by Federal agencies,
or other agencies providing explosives detection services at airports
in the United States.
SEC. 628. 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
House and Senate Committees on Appropriations.
SEC. 629. Notwithstanding section 611, interagency financing
is authorized to carry out the purposes of the National Bioethics
Advisory Commission.
SEC. 630. 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. 631. None of the funds appropriated in this or any other
Act shall be used to acquire information technologies which do
not comply with part 39.106 (Year 2000 compliance) of the Federal
Acquisition Regulation, unless an agency’s Chief Information Officer
determines that noncompliance with part 39.106 is necessary to
the function and operation of the requesting agency or the acquisi-
tion is required by a signed contract with the agency in effect
before the date of enactment of this Act. Any waiver granted by
the Chief Information Officer shall be reported to the Office of
Management and Budget, and copies shall be provided to Congress.
SEC. 632. For fiscal year 1998, the Secretary of the Treasury
is authorized to use funds made available to the FSLIC Resolution
Fund under Public Law 103–327, not to exceed $33,700,000, to
reimburse the Department of Justice for the reasonable expenses
of litigation that are incurred in the defense of claims against
the United States arising from FIRREA and its implementation.
SEC. 633. Personal Allowance Parity Among NAFTA Parties.
(a) IN GENERAL.—The United States Trade Representative and
the Secretary of the Treasury, in consultation with the Secretary