H. R. 1105—159 
under this head, all the provisions of which shall be applicable 
to the expenditure of such funds unless otherwise specified in 
the Act by which they are made available: Provided, That in the 
event any functions budgeted as administrative expenses are subse-
quently transferred to or paid from other funds, the limitations 
on administrative expenses shall be correspondingly reduced. 
SEC. 708. No part of any appropriation contained in this or 
any other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, commit-
tees, or similar groups (whether or not they are interagency entities) 
which do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality. 
SEC. 709. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to 
a joint resolution duly adopted in accordance with the applicable 
law of the United States. 
SEC. 710. (a) Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of 
the funds appropriated for fiscal year 2009, 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 2009, 
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 2009, 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 2009 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 2009 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, 2008, shall be deter-
mined under regulations prescribed by the Office of Personnel 
Management. 
(d) Notwithstanding any other provision of law, rates of pre-
mium pay for employees subject to this section may not be changed
H. R. 1105—160 
from the rates in effect on September 30, 2008, 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, 2008. 
(f) For the purpose of administering any provision of law 
(including any rule or regulation that provides premium pay, retire-
ment, life insurance, or any other employee benefit) that requires 
any deduction or contribution, or that imposes any requirement 
or limitation on the basis of a rate of salary or basic pay, the 
rate of salary or basic pay payable after the application of this 
section shall be treated as the rate of salary or basic pay. 
(g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at 
a rate in excess of the rate that would be payable were this section 
not in effect. 
(h) The Office of Personnel Management may provide for excep-
tions to the limitations imposed by this section if the Office deter-
mines that such exceptions are necessary to ensure the recruitment 
or retention of qualified employees. 
SEC. 711. During the period in which the head of any depart-
ment or agency, or any other officer or civilian employee of the 
Federal Government appointed by the President of the United 
States, holds office, no funds may be obligated or expended in 
excess of $5,000 to furnish or redecorate the office of such depart-
ment head, agency head, officer, or employee, or to purchase fur-
niture or make improvements for any such office, unless advance 
notice of such furnishing or redecoration is transmitted to the 
Committees on Appropriations of the House of Representatives and 
the Senate. For the purposes of this section, the term ‘‘office’’ 
shall include the entire suite of offices assigned to the individual, 
as well as any other space used primarily by the individual or 
the use of which is directly controlled by the individual. 
SEC. 712. Notwithstanding section 1346 of title 31, United 
States Code, or section 708 of this Act, funds made available for 
the current fiscal year by this or any other Act shall be available 
for the interagency funding of national security and emergency 
preparedness telecommunications initiatives which benefit multiple 
Federal departments, agencies, or entities, as provided by Executive 
Order No. 12472 (April 3, 1984). 
SEC. 713. (a) None of the funds appropriated by this or any 
other Act may be obligated or expended by any Federal department, 
agency, or other instrumentality for the salaries or expenses of 
any employee appointed to a position of a confidential or policy- 
determining character excepted from the competitive service pursu-
ant to 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 forces detailed to or from— 
(1) the Central Intelligence Agency; 
(2) the National Security Agency; 
(3) the Defense Intelligence Agency; 
(4) the National Geospatial-Intelligence Agency;
H. R. 1105—161 
(5) the offices within the Department of Defense for the 
collection of specialized national foreign intelligence through 
reconnaissance programs; 
(6) the Bureau of Intelligence and Research of the Depart-
ment of State; 
(7) any agency, office, or unit of the Army, Navy, Air 
Force, and Marine Corps, the Department of Homeland Secu-
rity, the Federal Bureau of Investigation and the Drug Enforce-
ment Administration of the Department of Justice, the Depart-
ment of Transportation, the Department of the Treasury, and 
the Department of Energy performing intelligence functions; 
and 
(8) the Director of National Intelligence or the Office of 
the Director of National Intelligence. 
SEC. 714. No part of any appropriation contained in this or 
any other Act shall be available for the payment of the salary 
of any officer or employee of the Federal Government, who— 
(1) prohibits or prevents, or attempts or threatens to pro-
hibit or prevent, any other officer or employee of the Federal 
Government from having any direct oral or written communica-
tion or contact with any Member, committee, or subcommittee 
of the Congress in connection with any matter pertaining to 
the employment of such other officer or employee or pertaining 
to the department or agency of such other officer or employee 
in any way, irrespective of whether such communication or 
contact is at the initiative of such other officer or employee 
or in response to the request or inquiry of such Member, com-
mittee, or subcommittee; or 
(2) removes, suspends from duty without pay, demotes, 
reduces in rank, seniority, status, pay, or performance or effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, disciplines, or discriminates in regard to any employment 
right, entitlement, or benefit, or any term or condition of 
employment of, any other officer or employee of the Federal 
Government, or attempts or threatens to commit any of the 
foregoing actions with respect to such other officer or employee, 
by reason of any communication or contact of such other officer 
or employee with any Member, committee, or subcommittee 
of the Congress as described in paragraph (1). 
SEC. 715. (a) None of the funds made available in this or 
any other Act may be obligated or expended for any employee 
training that— 
(1) does not meet identified needs for knowledge, skills, 
and abilities bearing directly upon the performance of official 
duties; 
(2) contains elements likely to induce high levels of emo-
tional response or psychological stress in some participants; 
(3) does not require prior employee notification of the con-
tent and methods to be used in the training and written end 
of course evaluation; 
(4) contains any methods or content associated with reli-
gious or quasi-religious belief systems or ‘‘new age’’ belief sys-
tems as defined in Equal Employment Opportunity Commission 
Notice N–915.022, dated September 2, 1988; or 
(5) is offensive to, or designed to change, participants’ 
personal values or lifestyle outside the workplace.