H. R. 3288—173 
by the Department of the Interior or the USDA Forest Service 
pursuant to an agreement with another country. 
SEC. 705. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for pay-
ment to the General Services Administration for charges for space 
and services and those expenses of renovation and alteration of 
buildings and facilities which constitute public improvements per-
formed in accordance with the Public Buildings Act of 1959 (73 
Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 
216), or other applicable law. 
SEC. 706. In addition to funds provided in this or any other 
Act, all Federal agencies are authorized to receive and use funds 
resulting from the sale of materials, including Federal records dis-
posed of pursuant to a records schedule recovered through recycling 
or waste prevention programs. Such funds shall be available until 
expended for the following purposes: 
(1) Acquisition, waste reduction and prevention, and 
recycling programs as described in Executive Order No. 13423 
(January 24, 2007), including any such programs adopted prior 
to the effective date of the Executive order. 
(2) Other Federal agency environmental management pro-
grams, including, but not limited to, the development and 
implementation of hazardous waste management and pollution 
prevention programs. 
(3) Other employee programs as authorized by law or as 
deemed appropriate by the head of the Federal agency. 
SEC. 707. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corpora-
tions and agencies subject to chapter 91 of title 31, United States 
Code, shall be available, in addition to objects for which such 
funds are otherwise available, for rent in the District of Columbia; 
services in accordance with 5 U.S.C. 3109; and the objects specified 
under this head, all the provisions of which shall be applicable 
to the expenditure of such funds unless otherwise specified in 
the Act by which they are made available: Provided, That in the 
event any functions budgeted as administrative expenses are subse-
quently transferred to or paid from other funds, the limitations 
on administrative expenses shall be correspondingly reduced. 
SEC. 708. No part of any appropriation contained in this or 
any other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, commit-
tees, or similar groups (whether or not they are interagency entities) 
which do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality. 
SEC. 709. 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 joint resolution duly adopted in accordance with the applicable 
law of the United States. 
SEC. 710. (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 2010, 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
H. R. 3288—174 
years until the normal effective date of the applicable wage 
survey adjustment that is to take effect in fiscal year 2010, 
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 2010, 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 2010 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 2010 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, 2009, 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, 2009, 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, 2009. 
(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 
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. 711. During the period in which the head of any depart-
ment or agency, or any other officer or civilian employee of the 
Federal Government appointed by the President of the United 
States, holds office, no funds may be obligated or expended in
H. R. 3288—175 
excess of $5,000 to furnish or redecorate the office of such depart-
ment head, agency head, officer, or employee, or to purchase fur-
niture or make improvements for any such office, unless advance 
notice of such furnishing or redecoration is transmitted to the 
Committees on Appropriations of the House of Representatives and 
the Senate. 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. 712. Notwithstanding section 31 U.S.C. 1346, or section 
708 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 tele-
communications initiatives which benefit multiple Federal depart-
ments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984). 
SEC. 713. (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 5 U.S.C. 3302, without a certification to the Office of Per-
sonnel 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 forces detailed to or from— 
(1) the Central Intelligence Agency; 
(2) the National Security Agency; 
(3) the Defense Intelligence Agency; 
(4) the National Geospatial-Intelligence Agency; 
(5) the offices within the Department of Defense for the 
collection of specialized national foreign intelligence through 
reconnaissance programs; 
(6) the Bureau of Intelligence and Research of the Depart-
ment of State; 
(7) 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 
(8) the Director of National Intelligence or the Office of 
the Director of National Intelligence. 
SEC. 714. 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
H. R. 3288—176 
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 or 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. 715. (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. 
SEC. 716. No funds appropriated in this or any other Act 
may be used to implement or enforce the agreements in Standard 
Forms 312 and 4414 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 con-
sistent with and do not supersede, conflict with, or otherwise alter 
the employee obligations, rights, or liabilities created by Executive 
Order No. 12958; section 7211 of title 5, United States Code (gov-
erning disclosures to Congress); section 1034 of title 10, United 
States Code, as amended by the Military Whistleblower 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 of 1989 (governing disclosures 
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 
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. 
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,