107 
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 corporations 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 ex-
penses are subsequently 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, committees, or similar groups 
(whether or not they are interagency entities) which do 
not have a prior and specific statutory approval to receive
108 
financial support from more than one agency or instru-
mentality. 
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 dis-
approved 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 expira-
tion of the limitation imposed by the comparable sec-
tion for previous fiscal years until the normal effec-
tive 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 appli-
cable grade and step of the applicable wage schedule 
in accordance with such section; and 
(2) during the period consisting of the remain-
der of fiscal year 2010, in an amount that exceeds, 
as a result of a wage survey adjustment, the rate
109 
payable under paragraph (1) by more than the sum 
of— 
(A) the percentage adjustment taking ef-
fect 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 aver-
age percentage of the locality-based com-
parability payments taking effect in fiscal year 
2010 under section 5304 of such title (whether 
by adjustment or otherwise), and the overall av-
erage 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) appli-
cable 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,
110 
2009, shall be determined under regulations prescribed by 
the Office of Personnel Management. 
(d) Notwithstanding any other provision of law, rates 
of premium 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 pre-
mium pay, retirement, life insurance, or any other em-
ployee benefit) that requires any deduction or contribu-
tion, 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 per-
mit 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 exceptions to the limitations imposed by this section 
if the Office determines that such exceptions are necessary
111 
to ensure the recruitment or retention of qualified employ-
ees. 
SEC. 711. During the period in which the head of 
any department 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 excess of $5,000 to furnish 
or redecorate the office of such department head, agency 
head, officer, or employee, or to purchase furniture 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 Rep-
resentatives and the Senate. For the purposes of this sec-
tion, the term ‘‘office’’ shall include the entire suite of of-
fices 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 avail-
able for the interagency funding of national security and 
emergency preparedness telecommunications initiatives 
which benefit multiple Federal departments, agencies, or 
entities, as provided by Executive Order No. 12472 (April 
3, 1984).
112 
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 pursuant to 5 
U.S.C. 3302, without a certification to the Office of Per-
sonnel Management from the head of the Federal depart-
ment, 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 em-
ployee to the White House. 
(b) The provisions of this section shall not apply to 
Federal employees or members of the armed forces de-
tailed 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 De-
fense for the collection of specialized national foreign 
intelligence through reconnaissance programs; 
(6) the Bureau of Intelligence and Research of 
the Department of State;
114 
sponse to the request or inquiry of such Member, 
committee, or subcommittee; or 
(2) removes, suspends from duty without pay, 
demotes, reduces in rank, seniority, status, pay, or 
performance or efficiency rating, denies promotion 
to, relocates, reassigns, transfers, disciplines, or dis-
criminates in regard to any employment right, enti-
tlement, or benefit, or any term or condition of em-
ployment 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 sub-
committee 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 knowl-
edge, skills, and abilities bearing directly upon the 
performance of official duties; 
(2) contains elements likely to induce high lev-
els of emotional response or psychological stress in 
some participants;
115 
(3) does not require prior employee notification 
of the content and methods to be used in the train-
ing and written end of course evaluation; 
(4) contains any methods or content associated 
with religious or quasireligious belief systems or 
‘‘new age’’ belief systems as defined in Equal Em-
ployment 
Opportunity 
Commission 
Notice 
N– 
915.022, dated September 2, 1988; or 
(5) is offensive to, or designed to change, par-
ticipants’ 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 consistent with and do 
not supersede, conflict with, or otherwise alter the em-
ployee obligations, rights, or liabilities created by Execu-
tive Order No. 12958; section 7211 of title 5, United 
States Code (governing disclosures to Congress); section 
1034 of title 10, United States Code, as amended by the
116 
Military Whistleblower Protection Act (governing disclo-
sure 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 dis-
closures 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 disclosure 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, obliga-
tions, rights, sanctions, and liabilities created by said Ex-
ecutive order and listed statutes are incorporated into this 
agreement and are controlling.’’: Provided, That notwith-
standing the preceding paragraph, a nondisclosure policy 
form or agreement that is to be executed by a person con-
nected with the conduct of an intelligence or intelligence- 
related activity, other than an employee or officer of the 
United States Government, may contain provisions appro-
priate to the particular activity for which such document 
is to be used. Such form or agreement shall, at a min-
imum, require that the person will not disclose any classi-
fied information received in the course of such activity un-
117 
less specifically authorized to do so by the United States 
Government. Such nondisclosure forms shall also make it 
clear that they do not bar disclosures to Congress, or to 
an authorized official of an executive agency or the De-
partment of Justice, that are essential to reporting a sub-
stantial violation of law. 
SEC. 717. No part of any funds appropriated in this 
or any other Act shall be used by an agency of the execu-
tive branch, other than for normal and recognized execu-
tive-legislative relationships, for publicity or propaganda 
purposes, and for the preparation, distribution or use of 
any kit, pamphlet, booklet, publication, radio, television, 
or film presentation designed to support or defeat legisla-
tion pending before the Congress, except in presentation 
to the Congress itself. 
SEC. 718. None of the funds appropriated by this or 
any other Act may be used by an agency to provide a Fed-
eral employee’s home address to any labor organization 
except when the employee has authorized such disclosure 
or when such disclosure has been ordered by a court of 
competent jurisdiction. 
SEC. 719. None of the funds made available in this 
Act or any other Act may be used to provide any non- 
public information such as mailing or telephone lists to 
any person or any organization outside of the Federal
118 
Government without the approval of the Committees on 
Appropriations of the House of Representatives and the 
Senate. 
SEC. 720. No part of any appropriation contained in 
this or any other Act shall be used directly or indirectly, 
including by private contractor, for publicity or propa-
ganda purposes within the United States not heretofore 
authorized by the Congress. 
SEC. 721. (a) In this section, the term ‘‘agency’’— 
(1) means an Executive agency, as defined 
under 5 U.S.C. 105; 
(2) includes a military department, as defined 
under section 102 of such title, the Postal Service, 
and the Postal Regulatory Commission; and 
(3) shall not include the Government Account-
ability Office. 
(b) Unless authorized in accordance with law or regu-
lations to use such time for other purposes, an employee 
of an agency shall use official time in an honest effort 
to perform official duties. An employee not under a leave 
system, including a Presidential appointee exempted under 
5 U.S.C. 6301(2), has an obligation to expend an honest 
effort and a reasonable proportion of such employee’s time 
in the performance of official duties.
119 
SEC. 722. Notwithstanding 31 U.S.C. 1346 and sec-
tion 708 of this Act, funds made available for the current 
fiscal year by this or any other Act to any department 
or agency, which is a member of the Federal Accounting 
Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative 
costs. 
(TRANSFER OF FUNDS) 
SEC. 723. Notwithstanding 31 U.S.C. 1346 and sec-
tion 708 of this Act, the head of each Executive depart-
ment and agency is hereby authorized to transfer to or 
reimburse ‘‘General Services Administration, Government- 
wide Policy’’ with the approval of the Director of the Of-
fice of Management and Budget, funds made available for 
the current fiscal year by this or any other Act, including 
rebates from charge card and other contracts: Provided, 
That these funds shall be administered by the Adminis-
trator of General Services to support Government-wide fi-
nancial, information technology, procurement, and other 
management innovations, initiatives, and activities, as ap-
proved by the Director of the Office of Management and 
Budget, in consultation with the appropriate interagency 
groups designated by the Director (including the Presi-
dent’s Management Council for overall management im-
provement initiatives, the Chief Financial Officers Council
120 
for financial management initiatives, the Chief Informa-
tion Officers Council for information technology initia-
tives, the Chief Human Capital Officers Council for 
human capital initiatives, the Chief Acquisition Officers 
Council for procurement initiatives, and the Performance 
Improvement Council for performance improvement initia-
tives): Provided further, That the total funds transferred 
or reimbursed shall not exceed $17,000,000: Provided fur-
ther, That such transfers or reimbursements may only be 
made after 15 days following notification of the Commit-
tees on Appropriations by the Director of the Office of 
Management and Budget. 
SEC. 724. Notwithstanding any other provision of 
law, a woman may breastfeed her child at any location 
in a Federal building or on Federal property, if the woman 
and her child are otherwise authorized to be present at 
the location. 
SEC. 725. Notwithstanding 31 U.S.C. 1346, or sec-
tion 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 specific projects, workshops, 
studies, and similar efforts to carry out the purposes of 
the National Science and Technology Council (authorized 
by Executive Order No. 12881), which benefit multiple 
Federal departments, agencies, or entities: Provided, That
121 
the Office of Management and Budget shall provide a re-
port describing the budget of and resources connected with 
the National Science and Technology Council to the Com-
mittees on Appropriations, the House Committee on 
Science and Technology, and the Senate Committee on 
Commerce, Science, and Transportation 90 days after en-
actment of this Act. 
SEC. 726. Any request for proposals, solicitation, 
grant application, form, notification, press release, or 
other publications involving the distribution of Federal 
funds shall indicate the agency providing the funds, the 
Catalog of Federal Domestic Assistance Number, as appli-
cable, and the amount provided: Provided, That this provi-
sion shall apply to direct payments, formula funds, and 
grants received by a State receiving Federal funds. 
SEC. 727. (a) PROHIBITION OF FEDERAL AGENCY 
MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 
the funds made available in this or any other Act may 
be used by any Federal agency— 
(1) to collect, review, or create any aggregation 
of data, derived from any means, that includes any 
personally identifiable information relating to an in-
dividual’s access to or use of any Federal Govern-
ment Internet site; or
122 
(2) to enter into any agreement with a third 
party (including another government agency) to col-
lect, review, or obtain any aggregation of data, de-
rived from any means, that includes any personally 
identifiable information relating to an individual’s 
access to or use of any non-Federal government 
Internet site. 
(b) EXCEPTIONS.—The limitations established in 
subsection (a) shall not apply to— 
(1) any record of aggregate data that does not 
identify particular persons; 
(2) any voluntary submission to the Federal 
government of personally identifiable information; 
(3) any action taken for law enforcement, regu-
latory, or supervisory purposes, in accordance with 
applicable law; or 
(4) any action described in subsection (a)(1) 
that is a system security action taken by the oper-
ator of an Internet site and is necessarily incident 
to providing the Internet site services or to pro-
tecting the rights or property of the provider of the 
Internet site. 
(c) DEFINITIONS.—For the purposes of this section:
123 
(1) The term ‘‘regulatory’’ means agency ac-
tions to implement, interpret or enforce authorities 
provided in law. 
(2) The term ‘‘supervisory’’ means examina-
tions of the agency’s supervised institutions, includ-
ing assessing safety and soundness, overall financial 
condition, management practices and policies and 
compliance with applicable standards as provided in 
law. 
SEC. 728. (a) None of the funds appropriated by this 
Act may be used to enter into or renew a contract which 
includes a provision providing prescription drug coverage, 
except where the contract also includes a provision for con-
traceptive coverage. 
(b) Nothing in this section shall apply to a contract 
with— 
(1) any of the following religious plans: 
(A) Personal Care’s HMO; and 
(B) OSF HealthPlans, Inc.; and 
(2) any existing or future plan, if the carrier 
for the plan objects to such coverage on the basis of 
religious beliefs. 
(c) In implementing this section, any plan that enters 
into or renews a contract under this section may not sub-
ject any individual to discrimination on the basis that the
124 
individual refuses to prescribe or otherwise provide for 
contraceptives because such activities would be contrary 
to the individual’s religious beliefs or moral convictions. 
(d) Nothing in this section shall be construed to re-
quire coverage of abortion or abortion-related services. 
SEC. 729. The Congress of the United States recog-
nizes the United States Anti-Doping Agency (USADA) as 
the official anti-doping agency for Olympic, Pan Amer-
ican, and Paralympic sport in the United States. 
SEC. 730. Notwithstanding any other provision of 
law, funds appropriated for official travel by Federal de-
partments and agencies may be used by such departments 
and agencies, if consistent with Office of Management and 
Budget Circular A–126 regarding official travel for Gov-
ernment personnel, to participate in the fractional aircraft 
ownership pilot program. 
SEC. 731. Notwithstanding any other provision of 
law, none of the funds appropriated or made available 
under this Act or any other appropriations Act may be 
used to implement or enforce restrictions or limitations on 
the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Per-
sonnel Management to add sections 300.311 through 
300.316 to part 300 of title 5 of the Code of Federal Reg-
ulations, published in the Federal Register, volume 68,
125 
number 174, on September 9, 2003 (relating to the detail 
of executive branch employees to the legislative branch). 
SEC. 732. Notwithstanding any other provision of 
law, no executive branch agency shall purchase, construct, 
and/or lease any additional facilities, except within or con-
tiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without 
the advance approval of the Committees on Appropria-
tions, except that the Federal Law Enforcement Training 
Center is authorized to obtain the temporary use of addi-
tional facilities by lease, contract, or other agreement for 
training which cannot be accommodated in existing Center 
facilities. 
SEC. 733. (a) For fiscal year 2010, no funds shall 
be available for transfers or reimbursements to the E-Gov-
ernment initiatives sponsored by the Office of Manage-
ment and Budget prior to 15 days following submission 
of a report to the Committees on Appropriations by the 
Director of the Office of Management and Budget and re-
ceipt of approval to transfer funds by the Committees on 
Appropriations of the House of Representatives and the 
Senate. 
(b) The report in subsection (a) and other required 
justification materials shall include at a minimum—
126 
(1) a description of each initiative including but 
not limited to its objectives, benefits, development 
status, risks, cost effectiveness (including estimated 
net costs or savings to the government), and the es-
timated date of full operational capability; 
(2) the total development cost of each initiative 
by fiscal year including costs to date, the estimated 
costs to complete its development to full operational 
capability, and estimated annual operations and 
maintenance costs; and 
(3) the sources and distribution of funding by 
fiscal year and by agency and bureau for each initia-
tive including agency contributions to date and esti-
mated future contributions by agency. 
(c) No funds shall be available for obligation or ex-
penditure for new E-Government initiatives without the 
explicit approval of the Committees on Appropriations of 
the House of Representatives and the Senate. 
SEC. 734. None of the funds appropriated or other-
wise 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 Of-
fice of Management and Budget Circular A–76 or any 
other administrative regulation, directive, or policy.
127 
SEC. 735. 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 dis-
tribution in the United States, unless the story includes 
a clear notification within the text or audio of the pre-
packaged news story that the prepackaged news story was 
prepared or funded by that executive branch agency. 
SEC. 736. 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 implementing that section. 
SEC. 737. 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 individual’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 unsatisfactory credit history as a result 
of this evaluation: Provided further, That this restriction 
shall not preclude issuance of a restricted-use charge,
128 
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 ex-
penses and the agency determines there is no suitable al-
ternative payment mechanism available before issuing the 
card; or (2) an individual who 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 appro-
priate disciplinary actions for use of charge cards for pur-
poses, and at establishments, that are inconsistent with 
the official business of the Department or agency or with 
applicable standards of conduct. 
SEC. 738. (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 Re-
sources 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 en-
tirely within the Great Lakes watershed that seeks
129 
to improve the overall health of the Great Lakes eco-
system. 
(b) REPORT.—Not later than 45 days after submis-
sion of the budget of the President to Congress, the Direc-
tor of the Office of Management and Budget, in coordina-
tion with the Governor of each Great Lakes State and the 
Great Lakes Interagency Task Force, shall submit to the 
appropriate authorizing and appropriating 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, 
containing— 
(1) an interagency budget crosscut report 
that— 
(A) displays the budget proposed, including 
any planned interagency or intra-agency trans-
fer, for each of the Federal agencies that car-
ries out Great Lakes restoration activities in 
the upcoming fiscal year, separately reporting 
the amount of funding to be provided under ex-
isting laws pertaining to the Great Lakes eco-
system; and 
(B) identifies all expenditures since fiscal 
year 2004 by the Federal Government and
130 
State governments for Great Lakes restoration 
activities; 
(2) a detailed accounting of all funds received 
and obligated by all Federal agencies and, to the ex-
tent available, State agencies using Federal funds, 
for Great Lakes restoration activities during the cur-
rent and previous fiscal years; 
(3) a budget for the proposed projects (includ-
ing a description of the project, authorization level, 
and project status) to be carried out in the upcom-
ing 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. 739. (a) IN GENERAL.—None of the funds ap-
propriated or otherwise made available by this or any 
other Act may be used for any Federal Government con-
tract with any foreign incorporated 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 Govern-
131 
ment contract under the authority of such Secretary 
if the Secretary determines that the waiver is re-
quired 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. 740. 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. 741. Notwithstanding section 748 of division D 
of the Omnibus Appropriations Act, 2009, 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 in terms of emission of greenhouse gases, 
use of renewable energy, reduction in water use, sustain-
able environmental practices, toxic and hazardous chemi-
cals, construction and renovation practices, vehicle con-
132 
sumption of petroleum products, and use of electronic 
equipment and its disposition and notifies the appropriate 
committees of Congress at least 15 days in advance of the 
change. 
SEC. 742. Not later than 120 days after enactment 
of this Act, each executive department and agency shall 
submit to the Director of the Office of Management and 
Budget a report stating the total size of its workforce, dif-
ferentiated by number of civilian, military, and contract 
workers as of December 31, 2009. Not later than 180 days 
after enactment of this Act, the Director of the Office of 
Management and Budget shall submit to the Committee 
a comprehensive statement delineating the workforce data 
by individual department and agency, as well as aggregate 
totals of civilian, military, and contract workers. 
SEC. 743. (a)(1) Not later than the end of the third 
quarter of fiscal year 2010 and each subsequent fiscal 
year, and for each department or agency not later than 
its inventory required under the Federal Activities Inven-
tory Reform Act of 1998 (Public Law 105–270), the head 
of each Federal department or agency (other than the De-
partment of Defense) shall submit to Congress an annual 
inventory of the activities performed during the preceding 
fiscal year pursuant to contracts for services for or on be-
half of such department or agency, as the case may be.
133 
The entry for an activity on an inventory under this sec-
tion shall include, for the fiscal year covered by such entry, 
the following: 
(A) The functions performed by the contractor. 
(B) The contracting organization, the compo-
nent of the department or agency administering the 
contract, and the organization whose requirements 
are being met through contractor performance of the 
function. 
(C) The dollar size and funding source for the 
contract under which the function is performed by 
appropriation and operating agency. 
(D) The fiscal year for which the activity first 
appeared on an inventory under this section. 
(E) The number of full-time contractor employ-
ees (or its equivalent) paid for the performance of 
the activity. 
(F) A determination whether the contract pur-
suant to which the activity is performed is a per-
sonal services contract. 
(G) Whether the contract has been performed 
pursuant to a contract awarded on a noncompetitive 
basis, either originally or upon a subsequent re-
newal.
134 
(H) Whether the contract has been performed 
poorly, as determined by a contracting officer, dur-
ing the 5-year period preceding the date of such de-
termination, because of excessive costs or inferior 
quality. 
(2) The inventory required under this subsection shall 
be submitted in unclassified form, but may include a clas-
sified annex. 
(b) Not later than 30 days after the date on which 
an inventory with respect to a department or agency is 
required to be submitted to Congress under subsection (a), 
the head of such department or agency shall— 
(1) make the inventory available to the public; 
and 
(2) publish in the Federal Register a notice 
that the inventory is available to the public. 
(c) Not later than 90 days after the date on which 
an inventory is submitted under subsection (a), the head 
of the department or agency, or component thereof, re-
sponsible for activities in the inventory shall— 
(1) review the contracts and activities in the in-
ventory for which such head is responsible; 
(2) ensure that— 
(A) each contract on the list that is a per-
sonal services contract has been entered into,
135 
and is being performed, in accordance with ap-
plicable statutory and regulatory requirements; 
(B) the activities on the list do not include 
any inherently governmental functions; and 
(C) to the maximum extent practicable, the 
activities on the list do not include any func-
tions closely associated with inherently govern-
mental functions; 
(3) identify activities that should be considered 
for conversion— 
(A) to performance by employees of the de-
partment or agency; or 
(B) to an acquisition approach that would 
be more advantageous to the department or 
agency; and 
(4) develop a plan to provide for appropriate 
consideration of the conversion of activities identified 
under paragraph (3) within a reasonable period of 
time. 
(d) Nothing in this section shall be construed to au-
thorize the performance of personal services by a con-
tractor except where expressly authorized by a provision 
of law other than this section. 
(e)(1) The term ‘‘function closely associated with in-
herently governmental functions’’ means the functions de-
136 
scribed in section 7.503(d) of the Federal Acquisition Reg-
ulation. 
(2) The term ‘‘inherently governmental functions’’ 
has the meaning given such term in subpart 7.5 of part 
7 of the Federal Acquisition Regulation. 
(3) The term ‘‘personal services contract’’ means a 
contract under which, as a result of its terms or conditions 
or the manner of its administration during performance, 
contractor personnel are subject to the relatively contin-
uous supervision and control of one or more Government 
officers or employees, except that the giving of an order 
for a specific article or service, with the right to reject 
the finished product or result, is not the type of super-
vision or control that makes a contract a personal services 
contract. 
SEC. 744. Congress requests the President, and di-
rects the Attorney General, to transmit to each House of 
Congress, not later than 14 days after the date of the 
adoption of this Act, copies of any portions of all docu-
ments, records, and communications in their possession 
referring or relating to the notification of rights under Mi-
randa v. Arizona, 384 U.S. 436 (1966), by the Depart-
ment of Justice, including all component agencies, to cap-
tured foreign persons who are suspected of terrorism and
137 
detainees in the custody of the Armed Forces of the 
United States. 
SEC. 745. (a) None of the funds made available in 
this or any other Act may be used to obtain a financial 
or ownership interest (or right to acquire such an interest) 
in an automobile manufacturer that deprives an auto-
mobile dealer of its economic rights under a dealer agree-
ment and does not assume (or assign to a successor in 
interest) each dealer agreement which is valid and in exist-
ence (and has not been lawfully terminated under applica-
ble State law) before the date of the commencement of 
a case under title 11, United States Code, by such auto-
mobile manufacturer. 
(b) Any automobile manufacturer with respect to 
which the Federal Government has a financial or owner-
ship interest (or right to acquire such an interest) shall, 
to the extent that a valid dealer agreement existing imme-
diately before the date of the commencement of a case 
under title 11, United States Code, by such automobile 
manufacturer is not assumed by or assigned to another 
automobile manufacturer, require any new entity created 
in such case to enter into a new dealer agreement with 
the dealer whose agreement was not so assumed or as-
signed, and on the same terms as existed immediately be-
fore such date.
138 
SEC. 746. Except as expressly provided otherwise, 
any reference to ‘‘this Act’’ contained in any title other 
than title IV or VIII shall not apply to such title IV or 
VIII. 
TITLE VIII 
GENERAL PROVISIONS—DISTRICT OF 
COLUMBIA 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 801. Whenever in this Act, an amount is speci-
fied within an appropriation for particular purposes or ob-
jects of expenditure, such amount, unless otherwise speci-
fied, shall be considered as the maximum amount that 
may be expended for said purpose or object rather than 
an amount set apart exclusively therefor. 
SEC. 802. Appropriations in this Act shall be avail-
able for expenses of travel and for the payment of dues 
of organizations concerned with the work of the District 
of Columbia government, when authorized by the Mayor, 
or, in the case of the Council of the District of Columbia, 
funds may be expended with the authorization of the 
Chairman of the Council. 
SEC. 803. There are appropriated from the applicable 
funds of the District of Columbia such sums as may be 
necessary for making refunds and for the payment of legal
139 
settlements or judgments that have been entered against 
the District of Columbia government. 
SEC. 804. (a) None of the Federal funds provided in 
this Act shall be used for publicity or propaganda purposes 
or implementation of any policy including boycott designed 
to support or defeat legislation pending before Congress 
or any State legislature. 
(b) The District of Columbia may use local funds pro-
vided in this title to carry out lobbying activities on any 
matter. 
SEC. 805. (a) None of the Federal funds provided 
under this Act to the agencies funded by this Act, both 
Federal and District government agencies, that remain 
available for obligation or expenditure in fiscal year 2010, 
or provided from any accounts in the Treasury of the 
United States derived by the collection of fees available 
to the agencies funded by this Act, shall be available for 
obligation or expenditures for an agency through a re-
programming of funds which— 
(1) creates new programs; 
(2) eliminates a program, project, or responsi-
bility center; 
(3) establishes or changes allocations specifi-
cally denied, limited or increased under this Act;
140 
(4) increases funds or personnel by any means 
for any program, project, or responsibility center for 
which funds have been denied or restricted; 
(5) reestablishes any program or project pre-
viously deferred through reprogramming; 
(6) augments any existing program, project, or 
responsibility center through a reprogramming of 
funds in excess of $3,000,000 or 10 percent, which-
ever is less; or 
(7) increases by 20 percent or more personnel 
assigned to a specific program, project or responsi-
bility center, 
unless the Committees on Appropriations of the House of 
Representatives and the Senate and the President are no-
tified in writing 15 days in advance of the reprogramming. 
(b) The District of Columbia government is author-
ized to approve and execute reprogramming and transfer 
requests of local funds under this title through November 
1, 2010. 
SEC. 806. Consistent with the provisions of section 
1301(a) of title 31, United States Code, appropriations 
under this Act shall be applied only to the objects for 
which the appropriations were made except as otherwise 
provided by law.
141 
SEC. 807. None of the Federal funds provided in this 
Act may be used by the District of Columbia to provide 
for salaries, expenses, or other costs associated with the 
offices of United States Senator or United States Rep-
resentative under section 4(d) of the District of Columbia 
Statehood Constitutional Convention Initiatives of 1979 
(D.C. Law 3–171; D.C. Official Code, sec. 1–123). 
SEC. 808. Except as otherwise provided in this sec-
tion, none of the funds made available by this Act or by 
any other Act may be used to provide any officer or em-
ployee of the District of Columbia with an official vehicle 
unless the officer or employee uses the vehicle only in the 
performance of the officer’s or employee’s official duties. 
For purposes of this section, the term ‘‘official duties’’ 
does not include travel between the officer’s or employee’s 
residence and workplace, except in the case of— 
(1) an officer or employee of the Metropolitan 
Police Department who resides in the District of Co-
lumbia or a District of Columbia government em-
ployee as may otherwise be designated by the Chief 
of the Department; 
(2) at the discretion of the Fire Chief, an offi-
cer or employee of the District of Columbia Fire and 
Emergency Medical Services Department who re-
sides in the District of Columbia and is on call 24
142 
hours a day or is otherwise designated by the Fire 
Chief; 
(3) at the discretion of the Director of the De-
partment of Corrections, an officer or employee of 
the District of Columbia Department of Corrections 
who resides in the District of Columbia and is on 
call 24 hours a day or is otherwise designated by the 
Director; 
(4) the Mayor of the District of Columbia; and 
(5) the Chairman of the Council of the District 
of Columbia. 
SEC. 809. (a) None of the Federal funds contained 
in this Act may be used by the District of Columbia Attor-
ney General or any other officer or entity of the District 
government to provide assistance for any petition drive or 
civil action which seeks to require Congress to provide for 
voting representation in Congress for the District of Co-
lumbia. 
(b) Nothing in this section bars the District of Co-
lumbia Attorney General from reviewing or commenting 
on briefs in private lawsuits, or from consulting with offi-
cials of the District government regarding such lawsuits. 
SEC. 810. Nothing in this Act may be construed to 
prevent the Council or Mayor of the District of Columbia 
from addressing the issue of the provision of contraceptive
143 
coverage by health insurance plans, but it is the intent 
of Congress that any legislation enacted on such issue 
should include a ‘‘conscience clause’’ which provides excep-
tions for religious beliefs and moral convictions. 
SEC. 811. None of the Federal funds contained in 
this Act may be used to enact or carry out any law, rule, 
or regulation to legalize or otherwise reduce penalties asso-
ciated with the possession, use, or distribution of any 
schedule I substance under the Controlled Substances Act 
(21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de-
rivative. 
SEC. 812. None of the Federal funds appropriated 
under this Act shall be expended for any abortion except 
where the life of the mother would be endangered if the 
fetus were carried to term or where the pregnancy is the 
result of an act of rape or incest. 
SEC. 813. (a) No later than 30 calendar days after 
the date of the enactment of this Act, the Chief Financial 
Officer of the District of Columbia shall submit to the ap-
propriate committees of Congress, the Mayor, and the 
Council of the District of Columbia, a revised appropriated 
funds operating budget in the format of the budget that 
the District of Columbia government submitted pursuant 
to section 442 of the District of Columbia Home Rule Act 
(D.C. Official Code, sec. 1–204.42), for all agencies of the
144 
District of Columbia government for fiscal year 2010 that 
is in the total amount of the approved appropriation and 
that realigns all budgeted data for personal services and 
other-than-personal-services, respectively, with anticipated 
actual expenditures. 
(b) This section shall apply only to an agency for 
which the Chief Financial Officer of the District of Colum-
bia certifies that a reallocation is required to address un-
anticipated changes in program requirements. 
SEC. 814. No later than 30 calendar days after the 
date of the enactment of this Act, the Chief Financial Offi-
cer of the District of Columbia shall submit to the appro-
priate committees of Congress, the Mayor, and the Council 
for the District of Columbia, a revised appropriated funds 
operating budget for the District of Columbia Public 
Schools that aligns schools budgets to actual enrollment. 
The revised appropriated funds budget shall be in the for-
mat of the budget that the District of Columbia govern-
ment submitted pursuant to section 442 of the District 
of Columbia Home Rule Act (D.C. Official Code, Sec. 1– 
204.42). 
SEC. 815. Amounts appropriated in this Act as oper-
ating funds may be transferred to the District of Colum-
bia’s enterprise and capital funds and such amounts, once