H. R. 1105—168 
‘‘(B) The term ‘functions closely associated with inher-
ently 
governmental 
functions’ 
means 
the 
functions 
described in section 7.503(d) of the Federal Acquisition 
Regulation. 
‘‘(6) APPLICABILITY.—This subsection shall not apply to the 
Department of Defense.’’. 
SEC. 737. None of the funds appropriated or otherwise 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 Office of Management and Budget Circular 
A–76 or any other administrative regulation, directive, or policy. 
SEC. 738. (a) Section 142(a) of division A of the Consolidated 
Security, Disaster Assistance, and Continuing Appropriations Act, 
2009 (Public Law 110–329; 122 Stat. 3580) is amended by striking 
‘‘Security.’’ and inserting ‘‘Security and shall apply to civilian 
employees in the Department of Defense who are represented by 
a labor organization as defined in section 7103(a)(4) of title 5, 
United States Code.’’. 
(b) The amendment made by subsection (a) shall take effect 
as if included in the enactment of the Consolidated Security, Dis-
aster Assistance, and Continuing Appropriations Act, 2009. 
SEC. 739. 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 distribution in the United States, 
unless the story includes a clear notification within the text or 
audio of the prepackaged news story that the prepackaged news 
story was prepared or funded by that executive branch agency. 
SEC. 740. 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 imple-
menting that section. 
SEC. 741. 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 individ-
ual’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 unsatisfac-
tory credit history as a result of this evaluation: Provided further, 
That this restriction shall not preclude issuance of a restricted- 
use charge, 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 expenses and the 
agency determines there is no suitable alternative payment mecha-
nism 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 appropriate 
disciplinary actions for use of charge cards for purposes, and at 
establishments, that are inconsistent with the official business of 
the Department or agency or with applicable standards of conduct.
H. R. 1105—169 
SEC. 742. CROSSCUT BUDGET. (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 Resources 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 entirely within the Great Lakes watershed 
that seeks to improve the overall health of the Great Lakes 
ecosystem. 
(b) REPORT.—Not later than 45 days after submission of the 
budget of the President to Congress, the Director of the Office 
of Management and Budget, in coordination with the Governor 
of each Great Lakes State and the Great Lakes Interagency Task 
Force, shall submit to the appropriate authorizing and appro-
priating 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, con-
taining— 
(1) an interagency budget crosscut report that— 
(A) displays the budget proposed, including any 
planned interagency or intra-agency transfer, for each of 
the Federal agencies that carries out Great Lakes restora-
tion activities in the upcoming fiscal year, separately 
reporting the amount of funding to be provided under 
existing laws pertaining to the Great Lakes ecosystem; 
and 
(B) identifies all expenditures since fiscal year 2004 
by the Federal Government and State governments for 
Great Lakes restoration activities; 
(2) a detailed accounting of all funds received and obligated 
by all Federal agencies and, to the extent available, State 
agencies using Federal funds, for Great Lakes restoration activi-
ties during the current and previous fiscal years; 
(3) a budget for the proposed projects (including a descrip-
tion of the project, authorization level, and project status) to 
be carried out in the upcoming 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. 743. (a) IN GENERAL.—None of the funds appropriated 
or otherwise made available by this or any other Act may be 
used for any Federal Government contract with any foreign incor-
porated 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 Government contract under the 
authority of such Secretary if the Secretary determines that 
the waiver is required 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.
H. R. 1105—170 
SEC. 744. (a) Each executive department and agency shall estab-
lish and maintain on the homepage of its website, an obvious, 
direct link to the website of its respective Inspector General. 
(b) Each Office of Inspector General shall: (1) post on its website 
any public report or audit or portion of any report or audit issued 
within one day of its release; (2) provide a service on its website 
to allow an individual to request automatic receipt of information 
relating to any public report or audit or portion of that report 
or audit and which permits electronic transmittal of the information, 
or notice of the availability of the information without further 
request; and (3) establish and maintain a direct link on its website 
for individuals to anonymously report waste, fraud and abuse. 
SEC. 745. 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. 746. None of the funds made available by this or any 
other Act may be used to implement, administer, or enforce section 
5(b) of Executive Order 13422 (72 Fed. Reg. 2763; relating to 
Regulatory Policy Officer). 
SEC. 747. No later than 120 days after enactment of this 
Act, the Office of Management and Budget shall submit a status 
report on the pilot program, established under section 748 of divi-
sion D of Public Law 110–161, to develop and implement an inven-
tory to track the cost and size (in contractor manpower equivalents) 
of service contracts, particularly with respect to contracts that 
have been performed poorly by a contractor because of excessive 
costs or inferior quality, as determined by a contracting officer 
within the last 5 years, involve inherently governmental functions, 
or were undertaken without competition. 
SEC. 748. Executive Order 13423 (72 Fed. Reg. 3919; Jan. 
24, 2007) shall remain in effect hereafter except as otherwise pro-
vided by law after the date of the enactment of this Act. 
SEC. 749. Effective January 20, 2009, and for each fiscal year 
thereafter, no part of any appropriation contained in this or any 
other Act may be used for the payment of services to any individual 
carrying out the responsibilities of any position requiring Senate 
advice and consent in an acting or temporary capacity after the 
second submission of a nomination for that individual to that posi-
tion has been withdrawn or returned to the President. 
SEC. 750. 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. 
SEC. 751. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE 
IS PERFORMING ACTIVE SERVICE IN THE UNIFORMED SERVICES OR 
NATIONAL GUARD. (a) IN GENERAL.—Subchapter IV of chapter 55 
of title 5, United States Code, is amended by adding at the end 
the following: 
‘‘§ 5538. Nonreduction in pay while serving in the uniformed 
services or National Guard 
‘‘(a) An employee who is absent from a position of employment 
with the Federal Government in order to perform active duty in 
the uniformed services pursuant to a call or order to active duty 
under a provision of law referred to in section 101(a)(13)(B) of 
title 10 shall be entitled, while serving on active duty, to receive,