H. R. 2764—171 
SEC. 607. No part of any appropriation contained in this Act 
shall be available to pay the salary for any person filling a position, 
other than a temporary position, formerly held by an employee 
who has left to enter the Armed Forces of the United States and 
has satisfactorily completed his period of active military or naval 
service, and has within 90 days after his release from such service 
or from hospitalization continuing after discharge for a period of 
not more than 1 year, made application for restoration to his former 
position and has been certified by the Office of Personnel Manage-
ment as still qualified to perform the duties of his former position 
and has not been restored thereto. 
SEC. 608. 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 sections 2 through 4 
of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known 
as the ‘‘Buy American Act’’). 
SEC. 609. 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. 610. Except as otherwise provided in this Act, none of 
the funds provided in this Act, provided by previous appropriations 
Acts to the agencies or entities funded in this Act that remain 
available for obligation or expenditure in fiscal year 2008, or pro-
vided from any accounts 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 reprogramming 
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 Congress; (4) proposes to use funds directed for a specific 
activity by either the House or Senate Committees on Appropria-
tions for a different purpose; (5) augments existing programs, 
projects, or activities in excess of $5,000,000 or 10 percent, which-
ever is less; (6) reduces existing programs, projects, or activities 
by $5,000,000 or 10 percent, whichever is less; or (7) creates or 
reorganizes offices, programs, or activities unless prior approval 
is received from the House and Senate Committees on Appropria-
tions: Provided, That prior to any significant reorganization or 
restructuring of offices, programs, 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 
enactment of this Act, each agency funded by this Act shall submit 
a report to the Committees on Appropriations of the Senate and 
of the House of Representatives to establish the baseline for applica-
tion of reprogramming and transfer authorities for the current 
fiscal year: Provided further, That the report shall include: (1) 
a table for each appropriation with a separate column to display 
the President’s budget request, adjustments made by Congress, 
adjustments 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 sala-
ries and expenses for an agency shall be reduced by $100,000
H. R. 2764—172 
per day for each day after the required date that the report has 
not been submitted to the Congress. 
SEC. 611. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining available 
at the end of fiscal year 2008 from appropriations made available 
for salaries and expenses for fiscal year 2008 in this Act, shall 
remain available through September 30, 2009, for each such account 
for the purposes authorized: Provided, That a request shall be 
submitted to the Committees on Appropriations for approval prior 
to the expenditure of such funds: Provided further, That these 
requests shall be made in compliance with reprogramming guide-
lines. 
SEC. 612. 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 inves-
tigation 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 extraordinary cir-
cumstances involving national security. 
SEC. 613. The cost accounting standards promulgated under 
section 26 of the Office of Federal Procurement Policy Act (Public 
Law 93–400; 41 U.S.C. 422) shall not apply with respect to a 
contract under the Federal Employees Health Benefits Program 
established under chapter 89 of title 5, United States Code. 
SEC. 614. For the purpose of resolving litigation and imple-
menting any settlement agreements regarding the nonforeign area 
cost-of-living allowance program, the Office of Personnel Manage-
ment may accept and utilize (without regard to any restriction 
on unanticipated travel expenses imposed in an Appropriations 
Act) funds made available to the Office of Personnel Management 
pursuant to court approval. 
SEC. 615. No funds appropriated by this Act shall be available 
to pay for an abortion, or the administrative expenses in connection 
with any health plan under the Federal employees health benefits 
program which provides any benefits or coverage for abortions. 
SEC. 616. The provision of section 615 shall not apply where 
the life of the mother would be endangered if the fetus were carried 
to term, or the pregnancy is the result of an act of rape or incest. 
SEC. 617. Notwithstanding any other provision of law, for fiscal 
years 2008 and 2009, neither the Board of Governors of the Federal 
Reserve System nor the Secretary of the Treasury may determine, 
by rule, regulation, order, or otherwise, for the purposes of section 
4(K) of the Bank Holding Company Act of 1956, or section 5136A 
of the Revised Statutes of the United States, that real estate broker-
age activity or real estate management activity (which for purposes 
of this paragraph shall be defined to mean ‘‘real estate brokerage’’ 
and ‘‘property management’’ respectively, as those terms were 
understood by the Federal Reserve Board prior to March 11, 2000) 
is an activity that is financial in nature, is incidental to any finan-
cial activity, or is complementary to a financial activity. For pur-
poses of this paragraph, ‘‘real estate brokerage activity’’ shall mean 
‘‘real estate brokerage’’, and ‘‘real estate management activity’’ shall 
mean ‘‘property management’’ as those terms were understood by 
the Federal Reserve Board prior to March 11, 2000.
H. R. 2764—173 
SEC. 618. In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American 
Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition 
by the Federal Government of information technology (as defined 
in section 11101 of title 40, United States Code), that is a commer-
cial item (as defined in section 4(12) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(12)). 
SEC. 619. Notwithstanding section 10(b) of the Harry S Truman 
Memorial Scholarship Act (20 U.S.C. 2009(b)), hereafter, at the 
request of the Board of Trustees of the Harry S Truman Scholarship 
Foundation, it shall be the duty of the Secretary of the Treasury 
to invest in full the amounts appropriated and contributed to the 
Harry S Truman Memorial Scholarship Trust Fund, as provided 
in such section. All requests of the Board of Trustees to the Sec-
retary provided for in this section shall be binding on the Secretary. 
SEC. 620. Notwithstanding section 1353 of title 31, United 
States Code, no officer or employee of any regulatory agency or 
commission funded by this Act may accept on behalf of that agency, 
nor may such agency or commission accept, payment or reimburse-
ment from a non-Federal entity for travel, subsistence, or related 
expenses for the purpose of enabling an officer or employee to 
attend and participate in any meeting or similar function relating 
to the official duties of the officer or employee when the entity 
offering payment or reimbursement is a person or entity subject 
to regulation by such agency or commission, or represents a person 
or entity subject to regulation by such agency or commission, unless 
the person or entity is an organization exempt from taxation pursu-
ant to section 501(c)(3) of the Internal Revenue Code of 1986. 
SEC. 621. None of the funds made available by this Act may 
be used by the Federal Communications Commission to implement 
the Fairness Doctrine, as repealed in General Fairness Doctrine 
Obligations of Broadcast Licensees (50 Fed. Reg. 35418 (1985)), 
or any other regulations having the same substance. 
SEC. 622. Section 5112 of title 31, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(r) REDESIGN AND ISSUANCE OF CIRCULATING QUARTER DOLLAR 
HONORING THE DISTRICT OF COLUMBIA AND EACH OF THE TERRI-
TORIES.— 
‘‘(1) REDESIGN IN 2009.— 
‘‘(A) IN
GENERAL.—Notwithstanding the fourth sen-
tence of subsection (d)(1) and subsection (d)(2) and subject 
to paragraph (6)(B), quarter dollar coins issued during 
2009, shall have designs on the reverse side selected in 
accordance with this subsection which are emblematic of 
the District of Columbia and the territories. 
‘‘(B) FLEXIBILITY
WITH
REGARD
TO
PLACEMENT
OF 
INSCRIPTIONS.—Notwithstanding subsection (d)(1), the Sec-
retary may select a design for quarter dollars issued during 
2009 in which— 
‘‘(i) the inscription described in the second sentence 
of subsection (d)(1) appears on the reverse side of any 
such quarter dollars; and 
‘‘(ii) any inscription described in the third sentence 
of subsection (d)(1) or the designation of the value 
of the coin appears on the obverse side of any such 
quarter dollars.
H. R. 2764—174 
‘‘(2) SINGLE
DISTRICT
OR
TERRITORY
DESIGN.—The 
design on the reverse side of each quarter dollar issued 
during 2009 shall be emblematic of one of the following: 
The District of Columbia, the Commonwealth of Puerto 
Rico, Guam, American Samoa, the United States Virgin 
Islands, and the Commonwealth of the Northern Mariana 
Islands. 
‘‘(3) SELECTION OF DESIGN.— 
‘‘(A) IN GENERAL.—Each of the 6 designs required 
under this subsection for quarter dollars shall be— 
‘‘(i) selected by the Secretary after consultation 
with— 
‘‘(I) the chief executive of the District of 
Columbia or the territory being honored, or 
such other officials or group as the chief execu-
tive officer of the District of Columbia or the 
territory may designate for such purpose; and 
‘‘(II) the Commission of Fine Arts; and 
‘‘(ii) reviewed by the Citizens Coinage 
Advisory Committee. 
‘‘(B) SELECTION AND APPROVAL PROCESS.—Designs 
for quarter dollars may be submitted in accordance 
with the design selection and approval process devel-
oped by the Secretary in the sole discretion of the 
Secretary. 
‘‘(C) PARTICIPATION.—The Secretary may include 
participation by District or territorial officials, artists 
from the District of Columbia or the territory, 
engravers of the United States Mint, and members 
of the general public. 
‘‘(D) STANDARDS.—Because it is important that the 
Nation’s coinage and currency bear dignified designs 
of which the citizens of the United States can be proud, 
the Secretary shall not select any frivolous or inappro-
priate design for any quarter dollar minted under this 
subsection. 
‘‘(E) PROHIBITION ON CERTAIN REPRESENTATIONS.— 
No head and shoulders portrait or bust of any person, 
living or dead, and no portrait of a living person may 
be included in the design of any quarter dollar under 
this subsection. 
‘‘(4) TREATMENT AS NUMISMATIC ITEMS.—For purposes of 
sections 5134 and 5136, all coins minted under this subsection 
shall be considered to be numismatic items. 
‘‘(5) ISSUANCE.— 
‘‘(A) QUALITY OF COINS.—The Secretary may mint and 
issue such number of quarter dollars of each design selected 
under paragraph (4) in uncirculated and proof qualities 
as the Secretary determines to be appropriate. 
‘‘(B) SILVER
COINS.—Notwithstanding subsection (b), 
the Secretary may mint and issue such number of quarter 
dollars of each design selected under paragraph (4) as 
the Secretary determines to be appropriate, with a content 
of 90 percent silver and 10 percent copper. 
‘‘(C) TIMING AND ORDER OF ISSUANCE.—Coins minted 
under this subsection honoring the District of Columbia
H. R. 2764—175 
and each of the territories shall be issued in equal sequen-
tial intervals during 2009 in the following order: the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the United States Virgin Islands, 
and the Commonwealth of the Northern Mariana Islands. 
‘‘(6) OTHER PROVISIONS.— 
‘‘(A) APPLICATION IN EVENT OF ADMISSION AS A STATE.— 
If the District of Columbia or any territory becomes a 
State before the end of the 10-year period referred to in 
subsection (l)(1), subsection (l)(7) shall apply, and this sub-
section shall not apply, with respect to such State. 
‘‘(B) APPLICATION IN EVENT OF INDEPENDENCE.—If any 
territory becomes independent or otherwise ceases to be 
a territory or possession of the United States before quarter 
dollars bearing designs which are emblematic of such terri-
tory are minted pursuant to this subsection, this subsection 
shall cease to apply with respect to such territory. 
‘‘(7) TERRITORY DEFINED.—For purposes of this subsection, 
the term ‘territory’ means the Commonwealth of Puerto Rico, 
Guam, American Samoa, the United States Virgin Islands, 
and the Commonwealth of the Northern Mariana Islands.’’. 
SEC. 623. (a) IN GENERAL.—Section 5112(n)(2) of title 31, United 
States Code, is amended— 
(1) in subparagraph (C)(i)— 
(A) by striking ‘‘inscriptions’’ and inserting ‘‘inscrip-
tion’’; and 
(B) by striking ‘‘and ‘In God We Trust’ ’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(F) INSCRIPTION OF ‘IN GOD WE TRUST’.—The design 
on the obverse or the reverse shall bear the inscription 
‘In God We Trust’.’’. 
(b) CONFORMING AMENDMENT.—Section 5112(r)(2) of title 31, 
United States Code, is amended— 
(1) in subparagraph (C)(i)— 
(A) by striking ‘‘inscriptions’’ and inserting ‘‘inscrip-
tion’’; and 
(B) by striking ‘‘and ‘In God We Trust’ ’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(E) INSCRIPTION OF ‘IN GOD WE TRUST’.—The design 
on the obverse or the reverse shall bear the inscription 
‘In God We Trust’.’’. 
(c) EFFECTIVE DATE.—The change required by the amendments 
made by subsections (a) and (b) shall be put into effect by the 
Secretary of the Treasury as soon as is practicable after the date 
of enactment of this Act. 
SEC. 624. There is hereby appropriated $600,000, to remain 
available until expended, for the Christopher Columbus Fellowship 
Foundation, established by Section 423 of Public Law 102–281.
H. R. 2764—176 
TITLE VII 
GENERAL PROVISIONS—GOVERNMENT-WIDE 
DEPARTMENTS, AGENCIES, AND CORPORATIONS 
SEC. 701. Hereafter, funds appropriated in this or any other 
Act may be used to pay travel to the United States for the imme-
diate family of employees serving abroad in cases of death or 
life threatening illness of said employee. 
SEC. 702. No department, agency, or instrumentality of the 
United States receiving appropriated funds under this or any other 
Act for fiscal year 2008 shall obligate or expend any such funds, 
unless such department, agency, or instrumentality has in place, 
and will continue to administer in good faith, a written policy 
designed to ensure that all of its workplaces are free from the 
illegal use, possession, or distribution of controlled substances (as 
defined in the Controlled Substances Act (21 U.S.C. 802)) by the 
officers and employees of such department, agency, or instrumen-
tality. 
SEC. 703. Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses, ambu-
lances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $12,888 except station wagons for which the max-
imum shall be $13,312: Provided, That these limits may be exceeded 
by not to exceed $3,700 for police-type vehicles, and by not to 
exceed $4,000 for special heavy-duty vehicles: Provided further, 
That the limits set forth in this section may not be exceeded 
by more than 5 percent for electric or hybrid vehicles purchased 
for demonstration under the provisions of the Electric and Hybrid 
Vehicle Research, Development, and Demonstration Act of 1976: 
Provided further, That the limits set forth in this section may 
be exceeded by the incremental cost of clean alternative fuels 
vehicles acquired pursuant to Public Law 101–549 over the cost 
of comparable conventionally fueled vehicles. 
SEC. 704. Appropriations of the executive departments and 
independent establishments for the current fiscal year available 
for expenses of travel, or for the expenses of the activity concerned, 
are hereby made available for quarters allowances and cost-of- 
living allowances, in accordance with 5 U.S.C. 5922–5924. 
SEC. 705. Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other 
Act shall be used to pay the compensation of any officer or employee 
of the Government of the United States (including any agency 
the majority of the stock of which is owned by the Government 
of the United States) whose post of duty is in the continental 
United States unless such person: (1) is a citizen of the United 
States; (2) is a person in the service of the United States on 
the date of the enactment of this Act who, being eligible for citizen-
ship, has filed a declaration of intention to become a citizen of 
the United States prior to such date and is actually residing in 
the United States; (3) is a person who owes allegiance to the 
United States; (4) is an alien from Cuba, Poland, South Vietnam, 
the countries of the former Soviet Union, or the Baltic countries 
lawfully admitted to the United States for permanent residence;
H. R. 2764—177 
(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled 
in the United States after January 1, 1975; or (6) is a national 
of the People’s Republic of China who qualifies for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992 
(Public Law 102–404): Provided, That for the purpose of this section, 
an affidavit signed by any such person shall be considered prima 
facie evidence that the requirements of this section with respect 
to his or her status have been complied with: Provided further, 
That any person making a false affidavit shall be guilty of a 
felony, and, upon conviction, shall be fined no more than $4,000 
or imprisoned for not more than 1 year, or both: Provided further, 
That the above penal clause shall be in addition to, and not in 
substitution for, any other provisions of existing law: Provided 
further, That any payment made to any officer or employee contrary 
to the provisions of this section shall be recoverable in action 
by the Federal Government. This section shall not apply to citizens 
of Ireland, Israel, or the Republic of the Philippines, or to nationals 
of those countries allied with the United States in a current defense 
effort, or to international broadcasters employed by the Broad-
casting Board of Governors, or to temporary employment of trans-
lators, or to temporary employment in the field service (not to 
exceed 60 days) as a result of emergencies. 
SEC. 706. 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. 707. 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. 13101 
(September 14, 1998), 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. 708. 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
H. R. 2764—178 
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. 709. Hereafter, no part of any appropriation contained 
in this or any other Act shall be paid to any person for the filling 
of any position for which he or she has been nominated after 
the Senate has voted not to approve the nomination of said person. 
SEC. 710. 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. 711. 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. 712. (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 2008, 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 
years until the normal effective date of the applicable wage 
survey adjustment that is to take effect in fiscal year 2008, 
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 2008, 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 2008 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 2008 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, 2007, shall be deter-
mined under regulations prescribed by the Office of Personnel 
Management.
H. R. 2764—179 
(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, 2007, 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, 2007. 
(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. 713. 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 
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 expressly approved 
by the Committees on Appropriations. 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. 714. Notwithstanding section 1346 of title 31, United 
States Code, or section 710 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 telecommunications initiatives which benefit multiple 
Federal departments, agencies, or entities, as provided by Executive 
Order No. 12472 (April 3, 1984). 
SEC. 715. (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 section 3302 of title 5, United States Code, without a certifi-
cation to the Office of Personnel 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 services detailed to or from— 
(1) the Central Intelligence Agency; 
(2) the National Security Agency;