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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— 
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(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. 
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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, 
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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 
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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 
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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-
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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-
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HR 3170 PCS 
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. 
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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. 
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(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, 
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HR 3170 PCS 
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-
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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 
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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. 
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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 
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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; 
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(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. 
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