H. R. 3288—181 
Aviation Administration, in consultation with the appropriate inter-
agency groups designated by the Director and shall be used to 
ensure the uninterrupted, continuous operation of the Midway Atoll 
Airfield by the Federal Aviation Administration pursuant to an 
operational agreement with the Department of the Interior for 
the entirety of fiscal year 2010 and any period thereafter that 
precedes the enactment of the Financial Services and General 
Government Appropriations Act, 2011. The Director of the Office 
of Management and Budget shall mandate the necessary transfers 
after determining an equitable allocation between the appropriate 
executive departments and agencies of the responsibility for funding 
the continuous operation of the Midway Atoll Airfield based on, 
but not limited to, potential use, interest in maintaining aviation 
safety, and applicability to governmental operations and agency 
mission. The total funds transferred or reimbursed shall not exceed 
$6,000,000 for any 12-month period. Such sums shall be sufficient 
to ensure continued operation of the airfield throughout the period 
cited above. Funds shall be available for operation of the airfield 
or airfield-related capital upgrades. The Director of the Office of 
Management and Budget shall notify the Committees on Appropria-
tions of the House of Representatives and the Senate of such trans-
fers or reimbursements within 15 days of this Act. Such transfers 
or reimbursements shall begin within 30 days of enactment of 
this Act. 
SEC. 735. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to begin or announce 
a study or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal 
employees pursuant to Office of Management and Budget Circular 
A–76 or any other administrative regulation, directive, or policy. 
SEC. 736. Unless otherwise authorized by existing law, none 
of the funds provided in this Act or any other Act may be used 
by an executive branch agency to produce any prepackaged news 
story intended for broadcast or distribution in the United States, 
unless the story includes a clear notification within the text or 
audio of the prepackaged news story that the prepackaged news 
story was prepared or funded by that executive branch agency. 
SEC. 737. None of the funds made available in this Act may 
be used in contravention of section 552a of title 5, United States 
Code (popularly known as the Privacy Act) and regulations imple-
menting that section. 
SEC. 738. Each executive department and agency shall evaluate 
the creditworthiness of an individual before issuing the individual 
a government travel charge card. Such evaluations for individually 
billed travel charge cards shall include an assessment of the individ-
ual’s consumer report from a consumer reporting agency as those 
terms are defined in section 603 of the Fair Credit Reporting 
Act (Public Law 91–508): Provided, That the department or agency 
may not issue a government travel charge card to an individual 
that either lacks a credit history or is found to have an unsatisfac-
tory credit history as a result of this evaluation: Provided further, 
That this restriction shall not preclude issuance of a restricted- 
use charge, debit, or stored value card made in accordance with 
agency procedures to: (1) an individual with an unsatisfactory credit 
history where such card is used to pay travel expenses and the 
agency determines there is no suitable alternative payment mecha-
nism available before issuing the card; or (2) an individual who
H. R. 3288—182 
lacks a credit history. Each executive department and agency shall 
establish guidelines and procedures for disciplinary actions to be 
taken against agency personnel for improper, fraudulent, or abusive 
use of government charge cards, which shall include appropriate 
disciplinary actions for use of charge cards for purposes, and at 
establishments, that are inconsistent with the official business of 
the Department or agency or with applicable standards of conduct. 
SEC. 739. (a) DEFINITIONS.—For purposes of this section the 
following definitions apply: 
(1) GREAT LAKES.—The terms ‘‘Great Lakes’’ and ‘‘Great 
Lakes State’’ have the same meanings as such terms have 
in section 506 of the Water Resources Development Act of 
2000 (42 U.S.C. 1962d–22). 
(2) GREAT
LAKES
RESTORATION
ACTIVITIES.—The term 
‘‘Great Lakes restoration activities’’ means any Federal or State 
activity primarily or entirely within the Great Lakes watershed 
that seeks to improve the overall health of the Great Lakes 
ecosystem. 
(b) REPORT.—Not later than 45 days after submission of the 
budget of the President to Congress, the Director of the Office 
of Management and Budget, in coordination with the Governor 
of each Great Lakes State and the Great Lakes Interagency Task 
Force, shall submit to the appropriate authorizing and appro-
priating committees of the Senate and the House of Representatives 
a financial report, certified by the Secretary of each agency that 
has budget authority for Great Lakes restoration activities, con-
taining— 
(1) an interagency budget crosscut report that— 
(A) displays the budget proposed, including any 
planned interagency or intra-agency transfer, for each of 
the Federal agencies that carries out Great Lakes restora-
tion activities in the upcoming fiscal year, separately 
reporting the amount of funding to be provided under 
existing laws pertaining to the Great Lakes ecosystem; 
and 
(B) identifies all expenditures since fiscal year 2004 
by the Federal Government and State governments for 
Great Lakes restoration activities; 
(2) a detailed accounting of all funds received and obligated 
by all Federal agencies and, to the extent available, State 
agencies using Federal funds, for Great Lakes restoration activi-
ties during the current and previous fiscal years; 
(3) a budget for the proposed projects (including a descrip-
tion of the project, authorization level, and project status) to 
be carried out in the upcoming fiscal year with the Federal 
portion of funds for activities; and 
(4) a listing of all projects to be undertaken in the upcoming 
fiscal year with the Federal portion of funds for activities. 
SEC. 740. (a) IN GENERAL.—None of the funds appropriated 
or otherwise made available by this or any other Act may be 
used for any Federal Government contract with any foreign incor-
porated entity which is treated as an inverted domestic corporation 
under section 835(b) of the Homeland Security Act of 2002 (6 
U.S.C. 395(b)) or any subsidiary of such an entity. 
(b) WAIVERS.— 
(1) IN GENERAL.—Any Secretary shall waive subsection (a) 
with respect to any Federal Government contract under the
H. R. 3288—183 
authority of such Secretary if the Secretary determines that 
the waiver is required in the interest of national security. 
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver 
under paragraph (1) shall report such issuance to Congress. 
(c) EXCEPTION.—This section shall not apply to any Federal 
Government contract entered into before the date of the enactment 
of this Act, or to any task order issued pursuant to such contract. 
SEC. 741. None of the funds made available by this or any 
other Act may be used to implement, administer, enforce, or apply 
the rule entitled ‘‘Competitive Area’’ published by the Office of 
Personnel Management in the Federal Register on April 15, 2008 
(73 Fed. Reg. 20180 et seq.). 
SEC. 742. (a) Section 748 of the Financial Services and General 
Government Appropriations Act, 2009 (Public Law 111–8, division 
D) is repealed. 
(b) Hereafter, the President may modify or replace Executive 
Order No. 13423 if the President determines that a revised or 
new executive order will achieve equal or better environmental 
or energy efficiency results. 
SEC. 743. (a) SERVICE CONTRACT INVENTORY REQUIREMENT.— 
(1) GUIDANCE.—Not later than March 1, 2010, the Director 
of the Office of Management and Budget shall develop and 
disseminate guidance to aid executive agencies in establishing 
systems for the collection of information required to meet the 
requirements of this section and to ensure consistency of inven-
tories across agencies. 
(2) REPORT.—Not later than July 31, 2010, the Director 
of the Office of Management and Budget shall submit a report 
to Congress on the status of efforts to enable executive agencies 
to prepare the inventories required under paragraph (3), 
including the development, as appropriate, of guidance, meth-
odologies, and technical tools. 
(3) INVENTORY CONTENTS.—Not later than December 31, 
2010, and annually thereafter, the head of each executive 
agency required to submit an inventory in accordance with 
the Federal Activities Inventory Reform Act of 1998 (Public 
Law 105–270; 31 U.S.C. 501 note), other than the Department 
of Defense, shall submit to the Office of Management and 
Budget an annual inventory of service contracts awarded or 
extended through the exercise of an option on or after April 
1, 2010, for or on behalf of such agency. For each service 
contract, the entry for an inventory under this section shall 
include, for the preceding fiscal year, the following: 
(A) A description of the services purchased by the 
executive agency and the role the services played in 
achieving agency objectives, regardless of whether such 
a purchase was made through a contract or task order. 
(B) The organizational component of the executive 
agency administering the contract, and the organizational 
component of the agency whose requirements are being 
met through contractor performance of the service. 
(C) The total dollar amount obligated for services under 
the contract and the funding source for the contract. 
(D) The total dollar amount invoiced for services under 
the contract. 
(E) The contract type and date of award.
H. R. 3288—184 
(F) The name of the contractor and place of perform-
ance. 
(G) The number and work location of contractor and 
subcontractor employees, expressed as full-time equivalents 
for direct labor, compensated under the contract. 
(H) Whether the contract is a personal services con-
tract. 
(I) Whether the contract was awarded on a noncompeti-
tive basis, regardless of date of award. 
(b) FORM.—Reports required under this section shall be sub-
mitted in unclassified form, but may include a classified annex. 
(c) PUBLICATION.—Not later than 30 days after the date on 
which the inventory under subsection (a)(3) is required to be sub-
mitted to the Office of Management and Budget, the head of each 
executive agency shall— 
(1) make the inventory available to the public; and 
(2) publish in the Federal Register a notice that the inven-
tory is available to the public. 
(d) GOVERNMENT-WIDE INVENTORY REPORT.—Not later than 90 
days after the deadline for submitting inventories under subsection 
(a)(3), and annually thereafter, the Director of the Office of Manage-
ment and Budget shall submit to Congress and make publicly 
available on the Office of Management and Budget website a report 
on the inventories submitted. The report shall identify whether 
each agency required to submit an inventory under subsection 
(a)(3) has met such requirement and summarize the information 
submitted by each executive agency required to have a Chief Finan-
cial Officer pursuant to section 901 of title 31, United States Code. 
(e) REVIEW AND PLANNING REQUIREMENTS.—Not later than 180 
days after the deadline for submitting inventories under subsection 
(a)(3) for an executive agency, the head of the executive agency, 
or an official designated by the agency head shall— 
(1) review the contracts and information in the inventory; 
(2) ensure that— 
(A) each contract in the inventory that is a personal 
services contract has been entered into, and is being per-
formed, in accordance with applicable laws and regulations; 
(B) the agency is giving special management attention 
to functions that are closely associated with inherently 
governmental functions; 
(C) the agency is not using contractor employees to 
perform inherently governmental functions; 
(D) the agency has specific safeguards and monitoring 
systems in place to ensure that work being performed 
by contractors has not changed or expanded during 
performance to become an inherently governmental func-
tion; 
(E) the agency is not using contractor employees to 
perform critical functions in such a way that could affect 
the ability of the agency to maintain control of its mission 
and operations; and 
(F) there are sufficient internal agency resources to 
manage and oversee contracts effectively; 
(3) identify contracts that have been poorly performed, 
as determined by a contracting officer, because of excessive 
costs or inferior quality; and