H. R. 2020—35
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 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. 622. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 1996 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. 623. 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 designee(s), persons providing
assistance to the President for official purposes, or other individuals
so designated by the President.
SEC. 624. 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. 625. (a) Beginning in fiscal year 1996 and thereafter,
for each Federal agency, except the Department of Defense (which
has separate authority), and except as provided in Public Law
102–393, title IV, section 13 (40 U.S.C. 490g) with respect to the
Fund established pursuant to 40 U.S.C. 490(f), an amount equal
to 50 percent of—
(1) the amount of each utility rebate received by the agency
for energy efficiency and water conservation measures, which
the agency has implemented; and
(2) the amount of the agency’s share of the measured
energy savings resulting from energy-savings performance con-
tracts,
H. R. 2020—36
may be retained and credited to accounts that fund energy and
water conservation activities at the agency’s facilities, and shall
remain available until expended for additional specific energy effi-
ciency or water conservation projects or activities, including
improvements and retrofits, facility surveys, additional or improved
utility metering, and employee training and awareness programs,
as authorized by section 152(f) of the Energy Policy Act (Public
Law 102–486).
(b) The remaining 50 percent of each rebate, and the remaining
50 percent of the amount of the agency’s share of savings from
energy-savings performance contracts, shall be transferred to the
General Fund of the Treasury at the end of the fiscal year in
which received.
SEC. 627. (a) None of the funds made available in this Act
may be obligated or expended for any employee training when
it is made known to the Federal official having authority to obligate
or expend such funds that such employee training—
(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;
(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
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. 628. No funds appropriated in this or any other Act
for fiscal year 1996 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 Whistle-
blower Protection Act (governing disclosure to Congress by members
of the military); section 2302(b)(8) of title 5, United States Code,
as amended by the Whistleblower Protection Act (governing disclo-
sures 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 disclo-
sure that may compromise the national security, including sections
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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 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 intel-
ligence-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 must
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. 629. (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) that 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.
(b) After July 31, 1996, 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.
(c) The Comptroller General of the United States shall conduct
and deliver a comprehensive analysis of the cost to the Federal
Government of all Federal agency telecommunications services and
traffic, by agency, and provide such report to the House and Senate
Committees on Appropriations by no later than May 31, 1996:
Provided, That such report shall (1) identify which agencies are
using FTS2000 systems; (2) determine whether or not such usage
is cost-effective; and (3) provide a comparison of telecommunication
costs between agencies that use or do not use FTS2000.
SEC. 630. (a) Section 4–607(18) of title 4 of the District of
Columbia Code, is amended by inserting ‘‘the United States Secret
Service Uniformed Division, the United States Secret Service Divi-
sion,’’ after ‘‘average pay of a member who was an officer or member
of’’.
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(b) Section 4–622 of title 4 of the District of Columbia Code,
is amended—
(A) in subsection (b)(1)(A) by striking out ‘‘Of the basis
upon which the annuity, relief, or retirement compensation
being received by such former member at the time of death
was computed’’ and inserting in lieu thereof ‘‘Of the adjusted
average pay of such former member’’;
(B) in subsection (c)(1)(A)(ii), by striking out ‘‘The basis
upon which the former member’s annuity at the time of death
was computed’’ and inserting in lieu thereof ‘‘The adjusted
average pay of the former member’’; and
(C) in subsection (c)(2)(B), by striking out the colon after
‘‘United States Secret Service Division’’ through clause (iii)
and inserting in lieu thereof ‘‘, 75 percent of the adjusted
average pay of the former member, divided by the number
of eligible children; or’’.
Sec. 631. (a) Section 5402 of title 39, United States Code,
is amended—
(1) in subsection (f) by striking out ‘‘During the period
beginning January 1, 1985, and ending January 1, 1999, the’’
and inserting in lieu thereof ‘‘The’’; and
(2) in subsection (g)(1) by amending subparagraph (D) to
read as follows:
‘‘(D) have provided scheduled service within the State
of Alaska for at least 12 consecutive months with aircraft—
‘‘(i) up to 7,500 pounds payload capacity before
being selected as a carrier of nonpriority bypass mail
at an applicable intra-Alaska bush service mail rate;
and
‘‘(ii) over 7,500 pounds payload capacity before
being selected as a carrier of nonpriority bypass mail
at the intra-Alaska mainline service mail rate.’’.
(b)(1) Subject to paragraph (2), the amendment made by sub-
section (a) shall be effective on and after August 1, 1995.
(2) Subparagraph (D) of section 5402(g)(1) title 39, United
States Code (as in effect before the amendment made under sub-
section (a)), shall apply to a carrier, if such carrier—
(A) has an application pending before the Department of
Transportation for approval under section 41102 or 41110(e)
of title 39, United States Code, before August 1, 1995; and
(B) would meet the requirements of such subparagraph
if such application were approved and such certificate were
purchased.
(c) Section 41901(g) of title 49, United States Code, is repealed.
SEC. 632. LIMITATION ON USE OF FUNDS FOR THE PROVISION
OF CERTAIN FOREIGN ASSISTANCE.—
(a) IN GENERAL.—Notwithstanding any other provision of law,
none of the funds made available by this Act for the Department
of the Treasury shall be available for any activity or for paying
the salary of any Government employee where funding an activity
or paying a salary to a Government employee would result in
a decision, determination, rule, regulation, or policy that would
permit the Secretary of the Treasury to make any loan or extension
of credit under section 5302 of title 31, United States Code, with
respect to a single foreign entity or government of a foreign country
(including agencies or other entities of that government)—