104 
funds under this or any other Act shall obligate or expend 
any such funds, unless such department, agency, or in-
strumentality 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 discrimination and sexual 
harassment and that all of its workplaces are not in viola-
tion of title VII of the Civil Rights Act of 1964 (Public 
Law 88–352, 78 Stat. 241), the Age Discrimination in 
Employment Act of 1967 (Public Law 90–202, 81 Stat. 
602), and the Rehabilitation Act of 1973 (Public Law 93– 
112, 87 Stat. 355). 
SEC. 717. 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 threat-
ens to prohibit or prevent, any other officer or em-
ployee of the Federal Government from having any 
direct oral or written communication 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 ini-
105 
tiative of such other officer or employee or in re-
sponse to the request or inquiry of such Member, 
committee, or subcommittee; or 
(2) removes, suspends from duty without pay, 
demotes, reduces in rank, seniority, status, pay, or 
performance or efficiency rating, denies promotion 
to, relocates, reassigns, transfers, disciplines, or dis-
criminates in regard to any employment right, enti-
tlement, or benefit, or any term or condition of em-
ployment 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 sub-
committee of the Congress as described in paragraph 
(1). 
SEC. 718. (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 knowl-
edge, skills, and abilities bearing directly upon the 
performance of official duties;
106 
(2) contains elements likely to induce high lev-
els of emotional response or psychological stress in 
some participants; 
(3) does not require prior employee notification 
of the content and methods to be used in the train-
ing and written end of course evaluation; 
(4) contains any methods or content associated 
with religious or quasi-religious belief systems or 
‘‘new age’’ belief systems as defined in Equal Em-
ployment 
Opportunity 
Commission 
Notice 
N– 
915.022, dated September 2, 1988; or 
(5) is offensive to, or designed to change, par-
ticipants’ personal values or lifestyle outside the 
workplace. 
(b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training 
bearing directly upon the performance of official duties. 
SEC. 719. No funds appropriated in this or any other 
Act may be used to implement or enforce the agreements 
in Standard Forms 312 and 4414 of the Government or 
any other nondisclosure policy, form, or agreement if such 
policy, form, or agreement does not contain the following 
provisions: ‘‘These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the em-
ployee obligations, rights, or liabilities created by Execu-
107 
tive Order No. 12958; section 7211 of title 5, United 
States Code (governing disclosures to Congress); section 
1034 of title 10, United States Code, as amended by the 
Military Whistleblower Protection Act (governing disclo-
sure to Congress by members of the military); section 
2302(b)(8) of title 5, United States Code, as amended by 
the Whistleblower Protection Act (governing disclosures of 
illegality, waste, fraud, abuse or public health or safety 
threats); the Intelligence Identities Protection Act of 1982 
(50 U.S.C. 421 et seq.) (governing disclosures that could 
expose confidential Government agents); and the statutes 
which protect against disclosure that may compromise the 
national security, including sections 641, 793, 794, 798, 
and 952 of title 18, United States Code, and section 4(b) 
of the Subversive Activities Act of 1950 (50 U.S.C. 
783(b)). The definitions, requirements, obligations, rights, 
sanctions, and liabilities created by said Executive order 
and listed statutes are incorporated into this agreement 
and are controlling.’’: Provided, That notwithstanding the 
preceding paragraph, a nondisclosure policy form or agree-
ment that is to be executed by a person connected with 
the conduct of an intelligence or intelligence-related activ-
ity, other than an employee or officer of the United States 
Government, may contain provisions appropriate to the 
particular activity for which such document is to be used.
108 
Such form or agreement shall, at a minimum, require that 
the person will not disclose any classified information re-
ceived in the course of such activity unless specifically au-
thorized to do so by the United States Government. Such 
nondisclosure forms shall also make it clear that they do 
not bar disclosures to Congress, or to an authorized offi-
cial of an executive agency or the Department of Justice, 
that are essential to reporting a substantial violation of 
law. 
SEC. 720. No part of any funds appropriated in this 
or any other Act shall be used by an agency of the execu-
tive branch, other than for normal and recognized execu-
tive-legislative relationships, for publicity or propaganda 
purposes, and for the preparation, distribution or use of 
any kit, pamphlet, booklet, publication, radio, television, 
or film presentation designed to support or defeat legisla-
tion pending before the Congress, except in presentation 
to the Congress itself. 
SEC. 721. None of the funds appropriated by this or 
any other Act may be used by an agency to provide a Fed-
eral employee’s home address to any labor organization 
except when the employee has authorized such disclosure 
or when such disclosure has been ordered by a court of 
competent jurisdiction.
109 
SEC. 722. None of the funds made available in this 
Act or any other Act may be used to provide any non- 
public information such as mailing or telephone lists to 
any person or any organization outside of the Federal 
Government without the approval of the Committees on 
Appropriations. 
SEC. 723. No part of any appropriation contained in 
this or any other Act shall be used directly or indirectly, 
including by private contractor, for publicity or propa-
ganda purposes within the United States not heretofor au-
thorized by the Congress. 
SEC. 724. (a) In this section, the term ‘‘agency’’— 
(1) means an Executive agency, as defined 
under section 105 of title 5, United States Code; 
(2) includes a military department, as defined 
under section 102 of such title, the Postal Service, 
and the Postal Rate Commission; and 
(3) shall not include the Government Account-
ability Office. 
(b) Unless authorized in accordance with law or regu-
lations to use such time for other purposes, an employee 
of an agency shall use official time in an honest effort 
to perform official duties. An employee not under a leave 
system, including a Presidential appointee exempted under 
section 6301(2) of title 5, United States Code, has an obli-
110 
gation to expend an honest effort and a reasonable propor-
tion of such employee’s time in the performance of official 
duties. 
SEC. 725. Notwithstanding 31 U.S.C. 1346 and sec-
tion 710 of this Act, funds made available for the current 
fiscal year by this or any other Act to any department 
or agency, which is a member of the Federal Accounting 
Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative 
costs. 
SEC. 726. Notwithstanding 31 U.S.C. 1346 and sec-
tion 710 of this Act, the head of each Executive depart-
ment and agency is hereby authorized to transfer to or 
reimburse ‘‘General Services Administration, Policy and 
Operations’’ with the approval of the Director of the Office 
of Management and Budget, funds made available for the 
current fiscal year by this or any other Act, including re-
bates from charge card and other contracts: Provided, 
That these funds shall be administered by the Adminis-
trator of General Services to support Government-wide fi-
nancial, information technology, procurement, and other 
management innovations, initiatives, and activities, as ap-
proved by the Director of the Office of Management and 
Budget, in consultation with the appropriate interagency 
groups designated by the Director (including the Presi-
111 
dent’s Management Council for overall management im-
provement initiatives, the Chief Financial Officers Council 
for financial management initiatives, the Chief Informa-
tion Officers Council for information technology initia-
tives, the Chief Human Capital Officers Council for 
human capital initiatives, and the Chief Acquisition Offi-
cers Council for procurement initiatives): Provided further, 
the total funds transferred or reimbursed shall not exceed 
$10,000,000: Provided further, such transfers or reim-
bursements may only be made after 15 days following no-
tification of the Committees on Appropriations by the Di-
rector of the Office of Management and Budget. 
SEC. 727. Notwithstanding any other provision of 
law, a woman may breastfeed her child at any location 
in a Federal building or on Federal property, if the woman 
and her child are otherwise authorized to be present at 
the location. 
SEC. 728. Nothwithstanding 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 specific projects, workshops, studies, and similar efforts 
to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 
12881), which benefit multiple Federal departments,
112 
agencies, or entities: Provided, That the Office of Manage-
ment and Budget shall provide a report describing the 
budget of and resources connected with the National 
Science and Technology Council to the Committees on Ap-
propriations, the House Committee on Science, and the 
Senate Committee on Commerce, Science, and Transpor-
tation 90 days after enactment of this Act. 
SEC. 729. Any request for proposals, solicitation, 
grant application, form, notification, press release, or 
other publications involving the distribution of Federal 
funds shall indicate the agency providing the funds, the 
Catalog of Federal Domestic Assistance Number, as appli-
cable, and the amount provided: Provided, That this provi-
sion shall apply to direct payments, formula funds, and 
grants received by a State receiving Federal funds. 
SEC. 730. Subsection (f) of section 403 of Public Law 
103–356 (31 U.S.C. 501 note) is repealed. 
SEC. 731. (a) PROHIBITION OF FEDERAL AGENCY 
MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 
the funds made available in this or any other Act may 
be used by any Federal agency— 
(1) to collect, review, or create any aggregation 
of data, derived from any means, that includes any 
personally identifiable information relating to an in-
113 
dividual’s access to or use of any Federal Govern-
ment Internet site of the agency; or 
(2) to enter into any agreement with a third 
party (including another government agency) to col-
lect, review, or obtain any aggregation of data, de-
rived from any means, that includes any personally 
identifiable information relating to an individual’s 
access to or use of any nongovernmental Internet 
site. 
(b) EXCEPTIONS.—The limitations established in 
subsection (a) shall not apply to— 
(1) any record of aggregate data that does not 
identify particular persons; 
(2) any voluntary submission of personally iden-
tifiable information; 
(3) any action taken for law enforcement, regu-
latory, or supervisory purposes, in accordance with 
applicable law; or 
(4) any action described in subsection (a)(1) 
that is a system security action taken by the oper-
ator of an Internet site and is necessarily incident 
to providing the Internet site services or to pro-
tecting the rights or property of the provider of the 
Internet site. 
(c) DEFINITIONS.—For the purposes of this section:
114 
(1) The term ‘‘regulatory’’ means agency ac-
tions to implement, interpret or enforce authorities 
provided in law. 
(2) The term ‘‘supervisory’’ means examina-
tions of the agency’s supervised institutions, includ-
ing assessing safety and soundness, overall financial 
condition, management practices and policies and 
compliance with applicable standards as provided in 
law. 
SEC. 732. (a) None of the funds appropriated by this 
Act may be used to enter into or renew a contract which 
includes a provision providing prescription drug coverage, 
except where the contract also includes a provision for con-
traceptive coverage. 
(b) Nothing in this section shall apply to a contract 
with— 
(1) any of the following religious plans: 
(A) Personal Care’s HMO; and 
(B) OSF HealthPlans, Inc.; and 
(2) any existing or future plan, if the carrier 
for the plan objects to such coverage on the basis of 
religious beliefs. 
(c) In implementing this section, any plan that enters 
into or renews a contract under this section may not sub-
ject any individual to discrimination on the basis that the
115 
individual refuses to prescribe or otherwise provide for 
contraceptives because such activities would be contrary 
to the individual’s religious beliefs or moral convictions. 
(d) Nothing in this section shall be construed to re-
quire coverage of abortion or abortion-related services. 
SEC. 733. The Congress of the United States recog-
nizes the United States Anti-Doping Agency (USADA) as 
the official anti-doping agency for Olympic, Pan Amer-
ican, and Paralympic sport in the United States. 
SEC. 734. Notwithstanding any other provision of 
law, funds appropriated for official travel by Federal de-
partments and agencies may be used by such departments 
and agencies, if consistent with Office of Management and 
Budget Circular A–126 regarding official travel for Gov-
ernment personnel, to participate in the fractional aircraft 
ownership pilot program. 
SEC. 735. Notwithstanding any other provision of 
law, none of the funds appropriated or made available 
under this Act or any other appropriations Act may be 
used to implement or enforce restrictions or limitations on 
the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Per-
sonnel Management to add sections 300.311 through 
300.316 to part 300 of title 5 of the Code of Federal Reg-
ulations, published in the Federal Register, volume 68,
116 
number 174, on September 9, 2003 (relating to the detail 
of executive branch employees to the legislative branch). 
SEC. 736. 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. 737. (a) No funds shall be available for trans-
fers or reimbursements to the E-Government Initiatives 
sponsored by the Office of Management and Budget prior 
to 15 days following submission of a report to the Commit-
tees on Appropriations by the Director of the Office of 
Management and Budget and receipt of approval to trans-
fer funds by the House and Senate Committees on Appro-
priations. 
(b) The report in (a) shall detail— 
(1) the amount proposed for transfer for any 
department and agency by program office, bureau, 
or activity, as appropriate;
117 
(2) the specific use of funds; 
(3) the relevance of that use to that department 
or agency, and each bureau or office within, which 
is contributing funds; and 
(4) a description of any such activities for 
which funds were appropriated that will not be im-
plemented or partially implemented by the depart-
ment or agency as a result of the transfer. 
SEC. 738. (a) REQUIREMENT FOR PUBLIC-PRIVATE 
COMPETITION.— 
(1) Notwithstanding any other provision of law, 
none of the funds appropriated by this or any other 
Act shall be available to convert to contractor per-
formance an activity or function of an executive 
agency that, on or after the date of enactment of 
this Act, is performed by more than 10 Federal em-
ployees unless— 
(A) the conversion is based on the result of 
a public-private competition that includes a 
most efficient and cost effective organization 
plan developed by such activity or function; 
(B) the Competitive Sourcing Official de-
termines that, over all performance periods 
stated in the solicitation of offers for perform-
ance of the activity or function, the cost of per-
118 
formance of the activity or function by a con-
tractor would be less costly to the executive 
agency by an amount that equals or exceeds the 
lesser of— 
(i) 10 percent of the most efficient or-
ganization’s personnel-related costs for 
performance of that activity or function by 
Federal employees; or 
(ii) $10,000,000; and 
(C) the contractor does not receive an ad-
vantage for a proposal that would reduce costs 
for the Federal Government by— 
(i) not making an employer-sponsored 
health insurance plan available to the 
workers who are to be employed in the per-
formance of that activity or function under 
the contract; 
(ii) offering to such workers an em-
ployer-sponsored health benefits plan that 
requires the employer to contribute less to-
wards the premium or subscription share 
than the amount that is paid by the Fed-
eral Government for health benefits for ci-
vilian employees under chapter 89 of title 
5, United States Code; or
119 
(iii) offering to such workers a retire-
ment benefit that in any year costs less 
than the annual retirement cost factor ap-
plicable to Federal employees under chap-
ter 84 of title 5, United States Code. 
(2) This paragraph shall not apply to— 
(A) the Department of Defense; 
(B) section 44920 of title 49, United 
States Code; 
(C) a commercial or industrial type func-
tion that— 
(i) is included on the procurement list 
established pursuant to section 2 of the 
Javits-Wagner-O’Day Act (41 U.S.C. 47); 
or 
(ii) is planned to be converted to per-
formance by a qualified nonprofit agency 
for the blind or by a qualified nonprofit 
agency for other severely handicapped indi-
viduals in accordance with that Act; 
(D) depot contracts or contracts for depot 
maintenance as provided in sections 2469 and 
2474 of title 10, United States Code; or
120 
(E) activities that are the subject of an on-
going competition that was publicly announced 
prior to the date of enactment of this Act. 
(b) USE OF PUBLIC-PRIVATE COMPETITION.—Noth-
ing in Office of Management and Budget Circular A–76 
shall prevent the head of an executive agency from con-
ducting a public-private competition to evaluate the bene-
fits of converting work from contract performance to per-
formance by Federal employees in appropriate instances. 
The Circular shall provide procedures and policies for 
these competitions that are similar to those applied to 
competitions that may result in the conversion of work 
from performance by Federal employees to performance 
by a contractor. 
(c) BID PROTESTS BY FEDERAL EMPLOYEES IN AC-
TIONS UNDER OFFICE OF MANAGEMENT AND BUDGET 
CIRCULAR A–76.— 
(1) ELIGIBILITY TO PROTEST.— 
(A) Section 3551(2) of title 31, United 
States Code, is amended to read as follows: 
‘‘(2) The term ‘interested party’— 
‘‘(A) with respect to a contract or a solici-
tation or other request for offers described in 
paragraph (1), means an actual or prospective 
bidder or offeror whose direct economic interest
121 
would be affected by the award of the contract 
or by failure to award the contract; and 
‘‘(B) with respect to a public-private com-
petition conducted under Office of Management 
and Budget Circular A–76 regarding perform-
ance of an activity or function of a Federal 
agency, or a decision to convert a function per-
formed by Federal employees to private sector 
performance without a competition under OMB 
Circular A–76, includes— 
‘‘(i) any official who submitted the 
agency tender in such competition; and 
‘‘(ii) any one person who, for the pur-
pose of representing them in a protest 
under this subchapter that relates to such 
competition, has been designated as their 
agent by a majority of the employees of 
such Federal agency who are engaged in 
the performance of such activity or func-
tion.’’. 
(B)(i) Subchapter V of chapter 35 of such 
title is amended by adding at the end the fol-
lowing new section:
122 
‘‘§ 3557. Expedited action in protests for public-pri-
vate competitions 
‘‘For protests in cases of public-private competitions 
conducted under Office of Management and Budget Cir-
cular A–76 regarding performance of an activity or func-
tion of Federal agencies, the Comptroller General shall ad-
minister the provisions of this subchapter 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 pub-
lic-private competition conducted under Office of Manage-
ment and Budget Circular A–76 regarding performance 
of an activity or function of a Federal agency, or a deci-
sion 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
123 
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 sec-
tion 3551(2) of title 31, United States Code (as 
added by paragraph (1)), and paragraph (5) of sec-
tion 1491(b) of title 28, United States Code (as 
added by paragraph (2)), shall apply to— 
(A) protests and civil actions that chal-
lenge final selections 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 Cir-
cular A–76 on or after January 1, 2004; and 
(B) any other protests and civil actions 
that relate to public-private competitions initi-
ated under Office of Management and Budget 
Circular A–76, or a decision to convert a func-
tion performed by Federal employees to private 
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—
124 
(A) by the Office of Management and Budget 
to direct or require another agency to take an action 
specified in paragraph (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 prepa-
ration for, undertaking, continuation of, or completion of 
a public-private competition or direct conversion under Of-
fice of Management and Budget Circular A–76 or any 
other administrative regulation, directive, or policy. 
(e) APPLICABILITY.—This section shall apply with re-
spect to fiscal year 2008 and each succeeding fiscal year. 
SEC. 739. (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 em-
ployees in the Department of Homeland Security 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 ef-
fective 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 rep-
125 
resented 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 ad-
justment in rates of basic pay for the statutory pay sys-
tems 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. 740. 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
126 
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. 741. 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) or of section 552.224 of title 48 of the Code of Fed-
eral Regulations. 
SEC. 742. 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 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.’’:
127 
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 mech-
anism available before issuing the card; or (2) an indi-
vidual who lacks a credit history. Each executive depart-
ment and agency shall establish guidelines and procedures 
for disciplinary actions to be taken against agency per-
sonnel for improper, fraudulent, or abusive use of govern-
ment charge cards, which shall include appropriate dis-
ciplinary 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. 743. 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
128 
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 
to improve the overall health of the Great Lakes eco-
system. 
(b) REPORT.—Not later than 30 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
129 
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 
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. 744. 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 titles IV or 
VIII.
130 
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 
settlements or judgments that have been entered against 
the District of Columbia government. 
SEC. 804. 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
131 
to support or defeat legislation pending before Congress 
or any State legislature. 
SEC. 805. (a) None of the 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 2008, 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 title, shall be available for obligation or ex-
penditures for an agency through a reprogramming 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; 
(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
132 
(7) increases by 20 percent or more personnel 
assigned to a specific program, project or responsi-
bility center, unless in the case of federal funds, the 
Committees on Appropriations of the House of Rep-
resentatives and Senate are notified in writing 15 
days in advance of the reprogramming and in the 
case of local funds, the Committees on Appropria-
tions of the House of Representatives and Senate 
are provided summary reports on April 1, 2008 and 
October 1, 2008, setting forth detailed information 
regarding each such local funds reprogramming con-
ducted subject to this subsection. 
(b) None of the local funds contained in this Act may 
be available for obligation or expenditure for an agency 
through a transfer of any local funds in excess of 
$3,000,000 from one appropriation heading to another un-
less the Committees on Appropriations of the House of 
Representatives and Senate are provided summary reports 
on April 1, 2008 and October 1, 2008, setting forth de-
tailed information regarding each reprogramming con-
ducted subject to this subsection, except that in no event 
may the amount of any funds transferred exceed 4 percent 
of the local funds in the appropriations. 
(c) The District of Columbia Government is author-
ized to approve and execute reprogramming and transfer
133 
requests of local funds under this title through September 
30, 2008. 
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. 
SEC. 807. (a) Notwithstanding any other provisions 
of law, the provisions of the District of Columbia Govern-
ment Comprehensive Merit Personnel Act of 1978 (D.C. 
Law 2–139; sec. 1–601.01 et seq., D.C. Official Code), 
enacted pursuant to section 422(3) of the District of Co-
lumbia Home Rule Act (sec. 1–204.22(3), D.C. Official 
Code), shall apply with respect to the compensation of Dis-
trict of Columbia employees. For pay purposes, employees 
of the District of Columbia government shall not be sub-
ject to the provisions of title 5, United States Code. 
(b) Notwithstanding section 8344(a) of title 5, 
United States Code, the amendment made by section 2 
of the District Government Reemployed Annuitant Offset 
Elimination Amendment Act of 2004 (D.C. Law 15–207) 
shall apply with respect to any individual employed in an 
appointive or elective position with the District of Colum-
bia government after December 7, 2004.
134 
SEC. 808. No later than 30 days after the end of the 
first quarter of fiscal year 2008, the Mayor of the District 
of Columbia shall submit to the Council of the District 
of Columbia and the Committees on Appropriations of the 
House of Representatives and Senate the new fiscal year 
2008 revenue estimates as of the end of such quarter. 
These estimates shall be used in the budget request for 
fiscal year 2009. The officially revised estimates at mid-
year shall be used for the midyear report. 
SEC. 809. (a) Notwithstanding any other provision 
of this Act, the Mayor, in consultation with the Chief Fi-
nancial Officer of the District of Columbia may accept, 
obligate, and expend Federal, private, and other grants 
received by the District government that are not reflected 
in the amounts appropriated in this Act. 
(b)(1) No such Federal, private, or other grant may 
be obligated, or expended pursuant to subsection (a) 
until— 
(A) the Chief Financial Officer of the District 
of Columbia submits to the Council a report setting 
forth detailed information regarding such grant; and 
(B) the Council has reviewed and approved the 
obligation, and expenditure of such grant.
135 
(2) For purposes of paragraph (1)(B), the Council 
shall be deemed to have reviewed and approved the obliga-
tion, and expenditure of a grant if— 
(A) no written notice of disapproval is filed with 
the Secretary of the Council within 14 calendar days 
of the receipt of the report from the Chief Financial 
Officer under paragraph (1)(A); or 
(B) if such a notice of disapproval is filed with-
in such deadline, the Council does not by resolution 
disapprove the obligation, or expenditure of the 
grant within 30 calendar days of the initial receipt 
of the report from the Chief Financial Officer under 
paragraph (1)(A). 
(c) No amount may be obligated or expended from 
the general fund or other funds of the District of Colum-
bia government in anticipation of the approval or receipt 
of a grant under subsection (b)(2) or in anticipation of 
the approval or receipt of a Federal, private, or other 
grant not subject to such subsection. 
(d) The Chief Financial Officer of the District of Co-
lumbia may adjust the budget for Federal, private, and 
other grants received by the District government reflected 
in the amounts appropriated in this title, or approved and 
received under subsection (b)(2) to reflect a change in the 
actual amount of the grant.
136 
(e) The Chief Financial Officer of the District of Co-
lumbia shall prepare a quarterly report setting forth de-
tailed information regarding all Federal, private, and 
other grants subject to this section. Each such report shall 
be submitted to the Council of the District of Columbia, 
to the Committees on Appropriations of the House of Rep-
resentatives and Senate, not later than 15 days after the 
end of the quarter covered by the report. 
SEC. 810. (a) Except as otherwise provided in this 
section, none of the funds made available by this Act or 
by any other Act may be used to provide any officer or 
employee of the District of Columbia with an official vehi-
cle unless the officer or employee uses the vehicle only in 
the performance of the officer’s or employee’s official du-
ties. For purposes of this paragraph, the term ‘‘official 
duties’’ does not include travel between the officer’s or em-
ployee’s residence and workplace, except in the case of— 
(1) an officer or employee of the Metropolitan 
Police Department who resides in the District of Co-
lumbia or is otherwise designated by the Chief of the 
Department; 
(2) at the discretion of the Fire Chief, an offi-
cer or employee of the District of Columbia Fire and 
Emergency Medical Services Department who re-
sides in the District of Columbia and is on call 24
137 
hours a day or is otherwise designated by the Fire 
Chief; 
(3) the Mayor of the District of Columbia; and 
(4) the Chairman of the Council of the District 
of Columbia. 
(b) The Chief Financial Officer of the District of Co-
lumbia shall submit by March 1, 2008, an inventory, as 
of September 30, 2007, of all vehicles owned, leased or 
operated by the District of Columbia government. The in-
ventory shall include, but not be limited to, the depart-
ment to which the vehicle is assigned; the year and make 
of the vehicle; the acquisition date and cost; the general 
condition of the vehicle; annual operating and mainte-
nance costs; current mileage; and whether the vehicle is 
allowed to be taken home by a District officer or employee 
and if so, the officer or employee’s title and resident loca-
tion. 
SEC. 811. (a) None of the Federal funds contained 
in this Act may be used by the District of Columbia Cor-
poration Counsel or any other officer or entity of the Dis-
trict government to provide assistance for any petition 
drive or civil action which seeks to require Congress to 
provide for voting representation in Congress for the Dis-
trict of Columbia.
138 
(b) Nothing in this section bars the District of Co-
lumbia Corporation Counsel from reviewing or com-
menting on briefs in private lawsuits, or from consulting 
with officials of the District government regarding such 
lawsuits. 
SEC. 812. None of the Federal funds contained in 
this Act may be used for any program of distributing ster-
ile needles or syringes for the hypodermic injection of any 
illegal drug. 
SEC. 813. None of the funds contained in this Act 
may be used after the expiration of the 60-day period that 
begins on the date of the enactment of this Act to pay 
the salary of any chief financial officer of any office of 
the District of Columbia government (including any inde-
pendent agency of the District of Columbia) who has not 
filed a certification with the Mayor and the Chief Finan-
cial Officer of the District of Columbia that the officer 
understands the duties and restrictions applicable to the 
officer and the officer’s agency as a result of this Act (and 
the amendments made by this Act), including any duty 
to prepare a report requested either in the Act or in any 
of the reports accompanying the Act and the deadline by 
which each report must be submitted: Provided, That the 
Chief Financial Officer of the District of Columbia shall 
provide to the Committees on Appropriations of the House
139 
of Representatives and Senate by April 1, 2008 and Octo-
ber 1, 2008, a summary list showing each report, the due 
date, and the date submitted to the Committees. 
SEC. 814. Nothing in this Act may be construed to 
prevent the Council or Mayor of the District of Columbia 
from addressing the issue of the provision of contraceptive 
coverage by health insurance plans, but it is the intent 
of Congress that any legislation enacted on such issue 
should include a ‘‘conscience clause’’ which provides excep-
tions for religious beliefs and moral convictions. 
SEC. 815. The Mayor of the District of Columbia 
shall submit to the Committees on Appropriations of the 
House of Representatives and Senate, the Committee on 
Government Reform of the House of Representatives, and 
the Committee on Governmental Affairs of the Senate 
quarterly reports addressing— 
(1) crime, including the homicide rate, imple-
mentation of community policing, the number of po-
lice officers on local beats, and the closing down of 
open-air drug markets; 
(2) access to substance and alcohol abuse treat-
ment, including the number of treatment slots, the 
number of people served, the number of people on 
waiting lists, and the effectiveness of treatment pro-
grams;
140 
(3) management of parolees and pre-trial vio-
lent offenders, including the number of halfway 
houses escapes and steps taken to improve moni-
toring and supervision of halfway house residents to 
reduce the number of escapes to be provided in con-
sultation with the Court Services and Offender Su-
pervision Agency for the District of Columbia; and 
(4) education, including access to special edu-
cation services and student achievement to be pro-
vided in consultation with the District of Columbia 
Public Schools and the District of Columbia public 
charter schools. 
SEC. 816. (a) No later than 30 calendar days after 
the date of the enactment of this Act, the Chief Financial 
Officer of the District of Columbia shall submit to the ap-
propriate committees of Congress, the Mayor, and the 
Council of the District of Columbia a revised appropriated 
funds operating budget in the format of the budget that 
the District of Columbia government submitted pursuant 
to section 442 of the District of Columbia Home Rule Act 
(D.C. Official Code, section 1–204.42), for all agencies of 
the District of Columbia government for fiscal year 2008 
that is in the total amount of the approved appropriation 
and that realigns all budgeted data for personal services
141 
and other-than-personal-services, respectively, with antici-
pated actual expenditures. 
(b) This section shall apply only to an agency where 
the Chief Financial Officer of the District of Columbia 
certifies that a reallocation is required to address unantici-
pated changes in program requirements. 
SEC. 817. (a) None of the funds contained in this 
Act may be made available to pay— 
(1) the fees of an attorney who represents a 
party in an action or an attorney who defends an ac-
tion brought against the District of Columbia Public 
Schools under the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.) in excess of 
$4,000 for that action; or 
(2) the fees of an attorney or firm whom the 
Chief Financial Officer of the District of Columbia 
determines to have a pecuniary interest, either 
through an attorney, officer, or employee of the 
firm, in any special education diagnostic services, 
schools, or other special education service providers. 
(b) In this section, the term ‘‘action’’ includes an ad-
ministrative proceeding and any ensuing or related pro-
ceedings before a court of competent jurisdiction. 
SEC. 818. The amount appropriated by this Act may 
be increased by no more than $42,000,000 from funds
142 
identified in the comprehensive annual financial report as 
the District’s fiscal year 2007 unexpended general fund 
surplus. The District may obligate and expend these 
amounts only in accordance with the following conditions: 
(1) The Chief Financial Officer of the District 
of Columbia shall certify that the use of any such 
amounts is not anticipated to have a negative impact 
on the District’s long-term financial, fiscal, and eco-
nomic vitality. 
(2) The District of Columbia may only use 
these funds for the following expenditures: 
(A) One-time expenditures. 
(B) Expenditures to avoid deficit spending. 
(C) Debt reduction. 
(D) Program needs. 
(E) Expenditures to avoid revenue short-
falls. 
(3) The amounts shall be obligated and ex-
pended in accordance with laws enacted by the 
Council in support of each such obligation or ex-
penditure. 
(4) The amounts may not be used to fund the 
agencies of the District of Columbia government 
under court ordered receivership.
143 
(5) The amounts may not be obligated or ex-
pended unless the Mayor notifies the Committees on 
Appropriations of the House of Representatives and 
Senate not fewer than 30 days in advance of the ob-
ligation or expenditure. 
SEC. 819. (a) To account for an unanticipated growth 
of revenue collections, the amount appropriated as District 
of Columbia Funds pursuant to this Act may be in-
creased— 
(1) by an aggregate amount of not more than 
25 percent, in the case of amounts proposed to be 
allocated as ‘‘Other-Type Funds’’ in the Fiscal Year 
2008 Proposed Budget and Financial Plan sub-
mitted to Congress by the District of Columbia; and 
(2) by an aggregate amount of not more than 
6 percent, in the case of any other amounts pro-
posed to be allocated in such Proposed Budget and 
Financial Plan. 
(b) The District of Columbia may obligate and ex-
pend any increase in the amount of funds authorized 
under this section only in accordance with the following 
conditions: 
(1) The Chief Financial Officer of the District 
of Columbia shall certify— 
(A) the increase in revenue; and
144 
(B) that the use of the amounts is not an-
ticipated to have a negative impact on the long- 
term financial, fiscal, or economic health of the 
District. 
(2) The amounts shall be obligated and ex-
pended in accordance with laws enacted by the 
Council of the District of Columbia in support of 
each such obligation and expenditure, consistent 
with the requirements of this Act. 
(3) The amounts may not be used to fund any 
agencies of the District government operating under 
court-ordered receivership. 
(4) The amounts may not be obligated or ex-
pended unless the Mayor has notified the Commit-
tees on Appropriations of the House of Representa-
tives and Senate not fewer than 30 days in advance 
of the obligation or expenditure. 
SEC. 820. The Chief Financial Officer for the District 
of Columbia may, for the purpose of cash flow manage-
ment, conduct short-term borrowing from the emergency 
reserve fund and from the contingency reserve fund estab-
lished under section 450A of the District of Columbia 
Home Rule Act (Public Law 98–198): Provided, That the 
amount borrowed shall not exceed 50 percent of the total 
amount of funds contained in both the emergency and con-