H. R. 4818—467
in section 4 of the Act of June 1, 1948, as amended (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 2005, 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 the comparable section for previous fiscal
years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2005,
in an amount that exceeds the rate payable for the applicable
grade and step of the applicable wage schedule in accordance
with such section; and
(2) during the period consisting of the remainder of fiscal
year 2005, 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 2005 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 percent-
age of the locality-based comparability payments taking
effect in fiscal year 2005 under section 5304 of such title
(whether by adjustment or otherwise), and the overall aver-
age percentage of such payments which was effective in
the previous fiscal year 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, 2004, shall be deter-
mined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of pre-
mium pay for employees subject to this section may not be changed
from the rates in effect on September 30, 2004, 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, 2004.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retire-
ment, 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
H. R. 4818—468
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. 614. 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. For the purposes of this section, the term ‘‘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 section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available for
the current fiscal year 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. 616. (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 pursu-
ant to section 3302 of title 5, United States Code, without a certifi-
cation 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 Depart-
ment of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Secu-
rity, the Federal Bureau of Investigation and the Drug Enforce-
ment Administration of the Department of Justice, the Depart-
ment of Transportation, the Department of the Treasury, and
the Department of Energy performing intelligence functions;
and
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(7) the Director of Central Intelligence.
SEC. 617. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for the current fiscal year 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,
as amended, the Age Discrimination in Employment Act of 1967,
and the Rehabilitation Act of 1973.
SEC. 618. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
(1) prohibits or prevents, or attempts or threatens to pro-
hibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communica-
tion 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, com-
mittee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, 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. 619. (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 reli-
gious or quasi-religious belief systems or ‘‘new age’’ belief sys-
tems 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.