Page:United States Statutes at Large Volume 103 Part 1.djvu/848

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103 STAT. 820 PUBLIC LAW 101-136—NOV. 3, 1989 person detailed and the agency to which each such person is de- tailed. (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 Jus- tice, the Department of the Treasury, 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 to the Senate and House Intelligence and Appropriations Committees 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 organiza- tional unit of the Executive Office of the President. SEC, 617. Section 622(b) of this Act shall have no force and effect. SEC. 618. No funds appropriated in this or any other Act for fiscal year 1990 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: Classified (1) concerns information other than that specifically marked information. gg classified; or. Unmarked but known by the employee to be classified; or, unclassified but known by the employee to be in the process of a classification determination; (2) contains the term classifiable; (3) directly or indirectly obstructs, by requirement of prior written authorization, limitation of authorized disclosure, or otherwise, the right of any individual to petition or commu- nicate with Members of Congress in a secure manner as pro- vided by the rules and procedures of the Congress; (4) interferes with the right of the Congress to obtain execu- tive branch information in a secure manner as provided by the rules and procedures of the Congress; (5) imposes any obligations or invokes any remedies inconsist- ent with statutory law: Provided, That nothing in this section shall affect the enforcement of those aspects of such nondisclosure policy, form or agreement that do not fall within subsection (l)-(5) of this section. Wages. SEC. 619. (a)(1) Notwithstanding any other provision of law, in the 5 USC 5305 note, case of fiscal year 1990, the overall average percentage of the adjustment under section 5305 of title 5, United States Code, in the