357 
SEC. 604. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act. 
SEC. 605. None of the funds made available by this 
Act shall be available for any activity or for paying the 
salary of any Government employee where funding an ac-
tivity or paying a salary to a Government employee would 
result in a decision, determination, rule, regulation, or pol-
icy that would prohibit the enforcement of section 307 of 
the Tariff Act of 1930 (19 U.S.C. 1307). 
SEC. 606. No funds appropriated pursuant to this 
Act may be expended by an entity unless the entity agrees 
that in expending the assistance the entity will comply 
with the Buy American Act (41 U.S.C. 10a–10c). 
SEC. 607. No funds appropriated or otherwise made 
available under this Act shall be made available to any 
person or entity that has been convicted of violating the 
Buy American Act (41 U.S.C. 10a–10c). 
SEC. 608. Except as otherwise provided in this Act, 
none of the funds provided in this Act, provided by pre-
vious appropriations Acts to the agencies or entities fund-
ed in this Act that remain available for obligation or ex-
penditure in fiscal year 2009, or provided from any ac-
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counts in the Treasury derived by the collection of fees 
and available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a re-
programming of funds that: (1) creates a new program; 
(2) eliminates a program, project, or activity; (3) increases 
funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Con-
gress; (4) proposes to use funds directed for a specific ac-
tivity by either the House or Senate Committees on Ap-
propriations for a different purpose; (5) augments existing 
programs, projects, or activities in excess of $5,000,000 
or 10 percent, whichever is less; (6) reduces existing pro-
grams, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates or reorganizes offices, pro-
grams, or activities unless prior approval is received from 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate: Provided, That prior to any 
significant reorganization or restructuring of offices, pro-
grams, or activities, each agency or entity funded in this 
Act shall consult with the Committees on Appropriations 
of the House of Representatives and the Senate: Provided 
further, That not later than 60 days after the date of en-
actment of this Act, each agency funded by this Act shall 
submit a report to the Committees on Appropriations of 
the House of Representatives and the Senate to establish 
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the baseline for application of reprogramming and trans-
fer authorities for the current fiscal year: Provided further, 
That the report shall include: (1) a table for each appro-
priation with a separate column to display the President’s 
budget request, adjustments made by Congress, adjust-
ments due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; (2) a delineation in the table for 
each appropriation both by object class and program, 
project, and activity as detailed in the budget appendix 
for the respective appropriation; and (3) an identification 
of items of special congressional interest: Provided further, 
That the amount appropriated or limited for salaries and 
expenses for an agency shall be reduced by $100,000 per 
day for each day after the required date that the report 
has not been submitted to the Congress. 
SEC. 609. Except as otherwise specifically provided 
by law, not to exceed 50 percent of unobligated balances 
remaining available at the end of fiscal year 2009 from 
appropriations made available for salaries and expenses 
for fiscal year 2009 in this Act, shall remain available 
through September 30, 2010, for each such account for 
the purposes authorized: Provided, That a request shall 
be submitted to the Committees on Appropriations of the 
House of Representatives and the Senate for approval 
prior to the expenditure of such funds: Provided further, 
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That these requests shall be made in compliance with re-
programming guidelines. 
SEC. 610. None of the funds made available in this 
Act may be used by the Executive Office of the President 
to request from the Federal Bureau of Investigation any 
official background investigation report on any individual, 
except when— 
(1) such individual has given his or her express 
written consent for such request not more than 6 
months prior to the date of such request and during 
the same presidential administration; or 
(2) such request is required due to extraor-
dinary circumstances involving national security. 
SEC. 611. The cost accounting standards promul-
gated under section 26 of the Office of Federal Procure-
ment Policy Act (Public Law 93–400; 41 U.S.C. 422) 
shall not apply with respect to a contract under the Fed-
eral Employees Health Benefits Program established 
under chapter 89 of title 5, United States Code. 
SEC. 612. For the purpose of resolving litigation and 
implementing any settlement agreements regarding the 
nonforeign area cost-of-living allowance program, the Of-
fice of Personnel Management may accept and utilize 
(without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made 
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