H. R. 2764—188 
performance of an activity or function of Federal agencies, the 
Comptroller General shall administer the provisions of this sub-
chapter in a manner best suited for expediting final resolution 
of such protests and final action in such competitions.’’. 
(ii) The chapter analysis at the beginning of such 
chapter is amended by inserting after the item relating 
to section 3556 the following new item: 
‘‘3557. Expedited action in protests for public-private competitions’’. 
(2) RIGHT TO INTERVENE IN CIVIL ACTION.—Section 1491(b) 
of title 28, United States Code, is amended by adding at the 
end the following new paragraph: 
‘‘(5) If a private sector interested party commences an action 
described in paragraph (1) in the case of a public-private competition 
conducted under Office of Management and Budget Circular A– 
76 regarding performance of an activity or function of a Federal 
agency, or a decision to convert a function performed by Federal 
employees to private sector performance without a competition 
under Office of Management and Budget Circular A–76, then an 
official or person described in section 3551(2)(B) of title 31 shall 
be entitled to intervene in that action.’’. 
(3) APPLICABILITY.—Subparagraph (B) of section 3551(2) 
of title 31, United States Code (as added by paragraph (1)), 
and paragraph (5) of section 1491(b) of title 28, United States 
Code (as added by paragraph (2)), shall apply to— 
(A) protests and civil actions that challenge final selec-
tions of sources of performance of an activity or function 
of a Federal agency that are made pursuant to studies 
initiated under Office of Management and Budget Circular 
A–76 on or after January 1, 2004; and 
(B) any other protests and civil actions that relate 
to public-private competitions initiated under Office of 
Management and Budget Circular A–76, or a decision to 
convert a function performed by Federal employees to pri-
vate sector performance without a competition under Office 
of Management and Budget Circular A–76, on or after 
the date of the enactment of this Act. 
(d) LIMITATION.—(1) None of the funds available in this Act 
may be used— 
(A) by the Office of Management and Budget to direct 
or require another agency to take an action specified in para-
graph (2); or 
(B) by an agency to take an action specified in paragraph 
(2) as a result of direction or requirement from the Office 
of Management and Budget. 
(2) An action specified in this paragraph is the preparation 
for, undertaking, continuation of, or completion of a public-private 
competition or direct conversion under Office of Management and 
Budget Circular A–76 or any other administrative regulation, direc-
tive, or policy. 
(e) APPLICABILITY.—This section shall apply with respect to 
fiscal year 2008 and each succeeding fiscal year. 
SEC. 740. (a) The adjustment in rates of basic pay for employees 
under the statutory pay systems that takes effect in fiscal year 
2008 under sections 5303 and 5304 of title 5, United States Code, 
shall be an increase of 3.5 percent, and this adjustment shall 
apply to civilian employees in the Department of Homeland Security
H. R. 2764—189 
and shall apply to civilian employees in the Department of Defense 
who are represented by a labor organization as defined in 5 U.S.C. 
7103(a)(4), and such adjustments shall be effective as of the first 
day of the first applicable pay period beginning on or after January 
1, 2008. Civilian employees in the Department of Defense who 
are eligible to be represented by a labor organization as defined 
in 5 U.S.C. 7103(a)(4), but are not so represented, will receive 
the adjustment provided for in this section unless the positions 
are entitled to a pay adjustment under 5 U.S.C. 9902. 
(b) Notwithstanding section 712 of this Act, the adjustment 
in rates of basic pay for the statutory pay systems that take place 
in fiscal year 2008 under sections 5344 and 5348 of title 5, United 
States Code, shall be no less than the percentage in paragraph 
(a) as employees in the same location whose rates of basic pay 
are adjusted pursuant to the statutory pay systems under section 
5303 and 5304 of title 5, United States Code. Prevailing rate 
employees at locations where there are no employees whose pay 
is increased pursuant to sections 5303 and 5304 of title 5 and 
prevailing rate employees described in section 5343(a)(5) of title 
5 shall be considered to be located in the pay locality designated 
as ‘‘Rest of US’’ pursuant to section 5304 of title 5 for purposes 
of this paragraph. 
(c) Funds used to carry out this section shall be paid from 
appropriations, which are made to each applicable department or 
agency for salaries and expenses for fiscal year 2008. 
SEC. 741. 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. 742. (a) 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. 
(b) Section 522 of division H of the Consolidated Appropriations 
Act, 2005 (Public Law 108–447; 118 Stat. 3268; 5 U.S.C. 552a 
note) is amended by striking subsection (d) and inserting the fol-
lowing: 
‘‘(d) INSPECTOR GENERAL REVIEW.—The Inspector General of 
each agency shall periodically conduct a review of the agency’s 
implementation of this section and shall report the results of its 
review to the Committees on Appropriations of the House of Rep-
resentatives and the Senate, the House Committee on Oversight 
and Government Reform, and the Senate Committee on Homeland 
Security and Governmental Affairs. The report required by this 
review may be incorporated into a related report to Congress other-
wise required by law including, but not limited to, 44 U.S.C. 3545, 
the Federal Information Security Management Act of 2002. The 
Inspector General may contract with an independent, third party 
organization to conduct the review.’’. 
SEC. 743. 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
H. R. 2764—190 
terms are defined in section 603 of the Fair Credit Reporting 
Act (Public Law 91–508): Provided, That section 604(a)(3) of such 
Act shall be amended by adding to the end the following: 
‘‘(G) executive departments and agencies in connection 
with the issuance of government-sponsored individually- 
billed travel charge cards.’’: 
Provided further, 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, 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 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 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. 
SEC. 744. 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 30 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
H. R. 2764—191 
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. 745. (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. 
SEC. 746. (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. 747. (a) None of the funds available under this or any 
other Act may be used to carry out a public-private competition 
or direct conversion under Office of Management and Budget (OMB) 
Circular A–76, or any successor regulation, directive or policy, 
relating to the Human Resources Lines of Business initiative until 
60 days after the Director of the Office of Management and Budget 
submits to the Committees on Appropriations of the House of Rep-
resentatives and the Senate a report on the use of public-private 
competitions and direct conversion to contractor performance as 
part of the Human Resources Lines of Business initiative. 
(b) The report required by this section shall address the fol-
lowing: 
(1) The role, if any, that public-private competitions under 
Circular A–76 or direct conversions to contractor performance 
are expected to play as part of the Human Resources Lines 
of Business initiative. 
(2) The expected impact, if any, of the initiative on employ-
ment levels at the Federal agencies involved or across the 
Federal Government as a whole.