438 
‘‘(A) with respect to a contract or a solicita-
tion or other request for offers described in para-
graph (1), means an actual or prospective bidder 
or offeror whose direct economic interest 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 competi-
tion, 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 function.’’.
439 
(B)(i) Subchapter V of chapter 35 of such 
title is amended by adding at the end the fol-
lowing new section: 
‘‘§ 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 public- 
private competition conducted under Office of Management 
and Budget Circular A–76 regarding performance of an ac-
tivity or function of a Federal agency, or a decision to con-
440 
vert 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 sec-
tion 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 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 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 Cir-
cular A–76, 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, on or 
after the date of the enactment of this Act.
441 
(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 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. 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 per-
cent, and this adjustment shall apply to civilian employees 
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 effective as of the 
first day of the first applicable pay period beginning on
442 
or after January 1, 2008. Civilian employees in the Depart-
ment 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 adjust-
ment under 5 U.S.C. 9902. 
(b) Notwithstanding section 712 of this Act, the adjust-
ment 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 in-
creased 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 de-
partment or agency for salaries and expenses for fiscal year 
2008.
443 
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 distribu-
tion 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 Ap-
propriations Act, 2005 (Public Law 108–447; 118 Stat. 
3268; 5 U.S.C. 552a note) is amended by striking subsection 
(d) and inserting the following: 
‘‘(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 re-
port the results of its review to the Committees on Appro-
priations of the House of Representatives and the Senate, 
the House Committee on Oversight and Government Re-
form, 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-
444 
wise required by law including, but not limited to, 44 
U.S.C. 3545, the Federal Information Security Manage-
ment Act of 2002. The Inspector General may contract with 
an independent, third party organization to conduct the re-
view.’’. 
SEC. 743. Each executive department and agency shall 
evaluate the creditworthiness of an individual before issuing 
the individual a government travel charge card. Such eval-
uations for individually-billed travel charge cards shall in-
clude an assessment of the individual’s consumer report 
from a consumer reporting agency as those terms are de-
fined in section 603 of the Fair Credit Reporting Act (Pub-
lic 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-spon-
sored 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 unsatis-
factory credit history as a result of this evaluation: Pro-
vided 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
445 
card is used to pay travel expenses and the agency deter-
mines 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 agen-
cy 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 im-
prove 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
446 
the Governor of each Great Lakes State and the Great Lakes 
Interagency Task Force, shall submit to the appropriate au-
thorizing 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 carries 
out Great Lakes restoration activities in the up-
coming 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 activi-
ties; 
(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 current 
and previous fiscal years;
447 
(3) a budget for the proposed projects (including 
a description of the project, authorization level, and 
project status) to be carried out in the upcoming fis-
cal year with the Federal portion of funds for activi-
ties; 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 appro-
priated or otherwise made available by this or any other 
Act may be used for any Federal Government contract with 
any foreign incorporated entity which is treated as an in-
verted 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-
ment 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.
448 
(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 establish and maintain on the homepage of its website, 
an obvious, direct link to the website of its respective Inspec-
tor 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) pro-
vide a service on its website to allow an individual to re-
quest automatic receipt of information relating to any pub-
lic 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 Manage-
ment and Budget (OMB) Circular A–76, or any successor 
regulation, directive or policy, relating to the Human Re-
sources Lines of Business initiative until 60 days after the
449 
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 Busi-
ness initiative. 
(b) The report required by this section shall address 
the following: 
(1) The role, if any, that public-private competi-
tions 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 employment levels at the Federal agencies involved 
or across the Federal Government as a whole. 
(3) An estimate of the annual and recurring sav-
ings the initiative is expected to generate and a de-
scription of the methodology used to derive that esti-
mate. 
(4) An estimate of the total transition costs at-
tributable to the initiative. 
(5) Guidance for use by agencies in evaluating 
the benefits of the initiative and in developing alter-
native strategies should expected benefits fail to mate-
rialize.
450 
(c) The Director of the Office of Management and 
Budget shall provide a copy of the report to the Government 
Accountability Office at the same time the report is sub-
mitted to the Committees on Appropriations of the House 
of Representatives and the Senate. The Government Ac-
countability Office shall review the report and brief the 
Committees on its views concerning the report within 45 
days after receiving the report from the Director. 
SEC. 748. No later than 180 days after enactment of 
this Act, the Office of Management and Budget shall estab-
lish a pilot program to develop and implement an inventory 
to track the cost and size (in contractor manpower equiva-
lents) of service contracts, particularly with respect to con-
tracts that have been performed poorly by a contractor be-
cause of excessive costs or inferior quality, as determined 
by a contracting officer within the last five years, involve 
inherently governmental functions, or were undertaken 
without competition. The pilot program shall be established 
in at least three Cabinet-level departments, based on vary-
ing levels of annual contracting for services, as reported by 
the Federal Procurement Data System’s Federal Procure-
ment Report for fiscal year 2005, including at least one 
Cabinet-level department that contracts out annually for 
$10,000,000,000 or more in services, at least one Cabinet- 
level department that contracts out annually for between
451 
$5,000,000,000 and $9,000,000,000 in services, and at least 
one Cabinet-level department that contracts out annually 
for under $5,000,000,000 in services. 
SEC. 749. 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. 
TITLE VIII 
GENERAL PROVISIONS—DISTRICT OF COLUMBIA 
SEC. 801. Whenever in this Act, an amount is specified 
within an appropriation for particular purposes or objects 
of expenditure, such amount, unless otherwise specified, 
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 available 
for expenses of travel and for the payment of dues of organi-
zations 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 nec-
essary for making refunds and for the payment of legal set-
452 
tlements 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 funds provided under this 
Act to the agencies funded by this Act, both Federal and 
District government agencies, that remain available for ob-
ligation 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 Act, 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 specifically 
denied, limited or increased under this Act;
453 
(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, whichever 
is less; or 
(7) increases by 20 percent or more personnel as-
signed to a specific program, project or responsibility 
center, 
unless in the case of Federal funds, the Committees on Ap-
propriations of the House of Representatives and Senate are 
notified in writing 15 days in advance of the reprogram-
ming and in the case of local funds, the Committees on Ap-
propriations 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 conducted subject to this 
subsection. 
(b) None 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 unless the Com-
454 
mittees on Appropriations of the House of Representatives 
and Senate are provided summary reports on April 1, 2008 
and October 1, 2008, setting forth detailed information re-
garding each reprogramming conducted subject to this sub-
section, 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 authorized 
to approve and execute reprogramming and transfer re-
quests of local funds under this title through December 1, 
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. 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. 
SEC. 808. No later than 30 days after the end of the 
first quarter of fiscal year 2008, the Mayor of the District
455 
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 midyear shall be 
used for the midyear report. 
SEC. 809. None of the Federal funds provided in this 
Act may be used by the District of Columbia to provide 
for salaries, expenses, or other costs associated with the of-
fices of United States Senator or United States Representa-
tive under section 4(d) of the District of Columbia State-
hood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3–171; D.C. Official Code, sec. 1–123). 
SEC. 810. None of the Federal funds made available 
in this Act may be used to implement or enforce the Health 
Care Benefits Expansion Act of 1992 (D.C. Law 9–114; 
D.C. Official Code, sec. 32–701 et seq.) or to otherwise im-
plement or enforce any system of registration of unmarried, 
cohabiting couples, including but not limited to registration 
for the purpose of extending employment, health, or govern-
mental benefits to such couples on the same basis that such 
benefits are extended to legally married couples. 
SEC. 811. (a) Notwithstanding any other provision of 
this Act, the Mayor, in consultation with the Chief Finan-
456 
cial 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. 
(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 para-
graph (1)(A).
457 
(c) No amount may be obligated or expended from the 
general fund or other funds of the District of Columbia gov-
ernment in anticipation of the approval or receipt of a 
grant under subsection (b)(2) or in anticipation of the ap-
proval 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. 
(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 sub-
mitted to the Council of the District of Columbia and 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. 812. (a) Except as otherwise provided in this sec-
tion, none of the funds made available by this Act or by 
any other Act may be used to provide any officer or em-
ployee of the District of Columbia with an official vehicle 
unless the officer or employee uses the vehicle only in the
458 
performance of the officer’s or employee’s official duties. For 
purposes of this paragraph, the term ‘‘official duties’’ does 
not include travel between the officer’s or employee’s resi-
dence 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 officer 
or employee of the District of Columbia Fire and 
Emergency Medical Services Department who resides 
in the District of Columbia and is on call 24 hours 
a day or is otherwise designated by the Fire Chief; 
(3) at the discretion of the Director of the De-
partment of Corrections, an officer or employee of the 
District of Columbia Department of Corrections who 
resides in the District of Columbia and is on call 24 
hours a day or is otherwise designated by the Direc-
tor; 
(4) the Mayor of the District of Columbia; and 
(5) 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 oper-
459 
ated by the District of Columbia government. The inventory 
shall include, but not be limited to, the department 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 maintenance 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 location. 
SEC. 813. (a) None of the Federal funds contained in 
this Act may be used by the District of Columbia Corpora-
tion Counsel or any other officer or entity of the District 
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 District of Colum-
bia. 
(b) Nothing in this section bars the District of Colum-
bia Corporation Counsel from reviewing or commenting on 
briefs in private lawsuits, or from consulting with officials 
of the District government regarding such lawsuits. 
SEC. 814. None of the Federal funds contained in this 
Act may be used for any program of distributing sterile 
needles or syringes for the hypodermic injection of any ille-
gal drug. 
SEC. 815. None of the funds contained in this Act may 
be used after the expiration of the 60-day period that begins
460 
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 independent agen-
cy of the District of Columbia) who has not filed a certifi-
cation with the Mayor and the Chief Financial Officer of 
the District of Columbia that the officer understands the 
duties and restrictions applicable to the officer and the offi-
cer’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 accom-
panying the Act and the deadline by which each report 
must be submitted: Provided, That the Chief Financial Offi-
cer of the District of Columbia shall provide to the Commit-
tees on Appropriations of the House of Representatives and 
Senate by April 1, 2008 and October 1, 2008, a summary 
list showing each report, the due date, and the date sub-
mitted to the Committees. 
SEC. 816. Nothing in this Act may be construed to pre-
vent the Council or Mayor of the District of Columbia from 
addressing the issue of the provision of contraceptive cov-
erage by health insurance plans, but it is the intent of Con-
gress that any legislation enacted on such issue should in-
clude a ‘‘conscience clause’’ which provides exceptions for 
religious beliefs and moral convictions.
461 
SEC. 817. The Mayor of the District of Columbia shall 
submit to the Committees on Appropriations of the House 
of Representatives and Senate, the Committee on Oversight 
and Government Reform of the House of Representatives, 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate annual 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; 
(3) management of parolees and pre-trial violent 
offenders, including the number of halfway houses es-
capes and steps taken to improve monitoring and su-
pervision of halfway house residents to reduce the 
number of escapes to be provided in consultation with 
the Court Services and Offender Supervision Agency 
for the District of Columbia; 
(4) education, including access to special edu-
cation services and student achievement to be pro-
vided in consultation with the District of Columbia
462 
Public Schools and the District of Columbia public 
charter schools; 
(5) improvement in basic District services, in-
cluding rat control and abatement; 
(6) application for and management of Federal 
grants, including the number and type of grants for 
which the District was eligible but failed to apply 
and the number and type of grants awarded to the 
District but for which the District failed to spend the 
amounts received; and 
(7) indicators of child well-being. 
SEC. 818. (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 Coun-
cil of the District of Columbia a revised appropriated funds 
operating budget in the format of the budget that the Dis-
trict of Columbia government submitted pursuant to section 
442 of the District of Columbia Home Rule Act (D.C. Offi-
cial 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 re-
aligns all budgeted data for personal services and other- 
than-personal-services, respectively, with anticipated actual 
expenditures.
463 
(b) This section shall apply only to an agency where 
the Chief Financial Officer of the District of Columbia cer-
tifies that a reallocation is required to address unantici-
pated changes in program requirements. 
SEC. 819. (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. 820. The amount appropriated by this title may 
be increased by no more than $100,000,000 from funds 
identified in the comprehensive annual financial report as 
the District’s fiscal year 2007 unexpended general fund sur-
464 
plus. 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 expended 
in accordance with laws enacted by the Council in 
support of each such obligation or expenditure. 
(4) The amounts may not be used to fund the 
agencies of the District of Columbia government 
under court ordered receivership. 
(5) The amounts may not be obligated or ex-
pended unless the Mayor notifies the Committees on 
Appropriations of the House of Representatives and
465 
Senate not fewer than 30 days in advance of the obli-
gation or expenditure. 
SEC. 821. (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 allo-
cated as ‘‘Other-Type Funds’’ in the Fiscal Year 2008 
Proposed Budget and Financial Plan submitted 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 proposed to 
be allocated in such Proposed Budget and Financial 
Plan. 
(b) The District of Columbia may obligate and expend 
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 
(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.
466 
(2) The amounts shall be obligated and expended 
in accordance with laws enacted by the Council of the 
District of Columbia in support of each such obliga-
tion and expenditure, consistent with the require-
ments 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 Committees 
on Appropriations of the House of Representatives 
and Senate not fewer than 30 days in advance of the 
obligation or expenditure. 
SEC. 822. The Chief Financial Officer for the District 
of Columbia may, for the purpose of cash flow management, 
conduct short-term borrowing from the emergency reserve 
fund and from the contingency reserve fund established 
under section 450A of the District of Columbia Home Rule 
Act (Public Law 98–198): Provided, That the amount bor-
rowed shall not exceed 50 percent of the total amount of 
funds contained in both the emergency and contingency re-
serve funds at the time of borrowing: Provided further, That 
the borrowing shall not deplete either fund by more than 
50 percent: Provided further, That 100 percent of the funds 
borrowed shall be replenished within 9 months of the time
467 
of the borrowing or by the end of the fiscal year, whichever 
occurs earlier: Provided further, That in the event that 
short-term borrowing has been conducted and the emergency 
or the contingency funds are later depleted below 50 percent 
as a result of an emergency or contingency, an amount 
equal to the amount necessary to restore reserve levels to 
50 percent of the total amount of funds contained in both 
the emergency and contingency reserve fund must be replen-
ished from the amount borrowed within 60 days. 
SEC. 823. (a) None of the funds contained in this Act 
may be used to enact or carry out any law, rule, or regula-
tion to legalize or otherwise reduce penalties associated with 
the possession, use, or distribution of any schedule I sub-
stance under the Controlled Substances Act (21 U.S.C. 801 
et seq.) or any tetrahydrocannabinols derivative. 
(b) The Legalization of Marijuana for Medical Treat-
ment Initiative of 1998, also known as Initiative 59, ap-
proved by the electors of the District of Columbia on Novem-
ber 3, 1998, shall not take effect. 
SEC. 824. None of the funds appropriated under this 
Act shall be expended for any abortion except where the life 
of the mother would be endangered if the fetus were carried 
to term or where the pregnancy is the result of an act of 
rape or incest.
468 
SEC. 825. (a) DIRECT
APPROPRIATION.—Section 
307(a) of the District of Columbia Court Reform and 
Criminal Procedure Act of 1970 (sec. 2–1607(a), D.C. Offi-
cial Code) is amended by striking the first 2 sentences and 
inserting the following: ‘‘There are authorized to be appro-
priated to the Service in each fiscal year such funds as may 
be necessary to carry out this chapter.’’. 
(b) CONFORMING AMENDMENT.—Section 11233 of the 
Balanced Budget Act of 1997 (sec. 24–133, D.C. Official 
Code) is amended by striking subsection (f). 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to fiscal year 2008 and each 
succeeding fiscal year. 
SEC. 826. Amounts appropriated in this Act as oper-
ating funds may be transferred to the District of Columbia’s 
enterprise and capital funds and such amounts, once trans-
ferred shall retain appropriation authority consistent with 
the provisions of this Act. 
SEC. 827. In fiscal year 2008 and thereafter, amounts 
deposited in the Student Enrollment Fund shall be avail-
able for expenditure upon deposit and shall remain avail-
able until expended consistent with the terms detailed in 
‘‘The Student Funding Formula Assessment, Educational 
Data Warehouse, and Enrollment Fund Establishment 
Amendment Act of 2007’’ (title IV–D of D.C. Law L17–
469 
0020) and the entire provisions of that Act are incorporated 
herein by reference. 
SEC. 828. Except as expressly provided otherwise, any 
reference to ‘‘this Act’’ contained in this title or in title 
IV shall be treated as referring only to the provisions of 
this title or of title IV. 
This division may be cited as the ‘‘Financial Services 
and General Government Appropriations Act, 2008’’. 
DIVISION E—DEPARTMENT OF HOMELAND 
SECURITY APPROPRIATIONS ACT, 2008 
TITLE I 
DEPARTMENT OF HOMELAND SECURITY 
DEPARTMENTAL MANAGEMENT AND 
OPERATIONS 
OFFICE OF THE SECRETARY AND EXECUTIVE 
MANAGEMENT 
For necessary expenses of the Office of the Secretary 
of Homeland Security, as authorized by section 102 of the 
Homeland Security Act of 2002 (6 U.S.C. 112), and execu-
tive management of the Department of Homeland Security, 
as authorized by law, $97,353,000: Provided, That not to 
exceed $40,000 shall be for official reception and representa-
tion expenses: Provided further, That $15,000,000 shall not 
be available for obligation until the Secretary (1) certifies 
and reports to the Committees on Appropriations of the
470 
Senate and the House of Representatives that the Depart-
ment has revised Departmental guidance with respect to re-
lations with the Government Accountability Office to spe-
cifically provide for: (a) expedited timeframes for providing 
the Government Accountability Office with access to records 
within 20 days from the date of request; (b) expedited time-
frames for interviews of program officials by the Govern-
ment Accountability Office after reasonable notice has been 
furnished to the Department by the Government Account-
ability Office; and (c) a significant streamlining of the re-
view process for documents and interview requests by liai-
sons, counsel, and program officials, consistent with the ob-
jective that the Government Accountability Office be given 
timely and complete access to documents and agency offi-
cials; and (2) defines in a memorandum to all Department 
employees the roles and responsibilities of the Department 
of Homeland Security Inspector General: Provided further, 
That the Secretary shall make the revisions to Depart-
mental guidance with respect to relations with the Govern-
ment Accountability Office in consultation with the Comp-
troller General of the United States and issue departmental 
guidance with respect to relations with the Department of 
Homeland Security Inspector General in consultation with 
the Inspector General: Provided further, That not more than 
seventy-five percent of the funds provided under this head-
471 
ing shall be obligated prior to the submission of the first 
quarterly report on progress to improve and modernize ef-
forts to remove criminal aliens judged deportable from the 
United States. 
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 
For necessary expenses of the Office of the Under Sec-
retary for Management, as authorized by sections 701 
through 705 of the Homeland Security Act of 2002 (6 
U.S.C. 341 through 345), $150,238,000, of which not to ex-
ceed $3,000 shall be for official reception and representation 
expenses: Provided, That of the total amount, $6,000,000 
shall remain available until expended solely for the alter-
ation and improvement of facilities, tenant improvements, 
and relocation costs to consolidate Department head-
quarters operations. 
OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the Office of the Chief Finan-
cial Officer, as authorized by section 103 of the Homeland 
Security Act of 2002 (6 U.S.C. 113), $31,300,000. 
OFFICE OF THE CHIEF INFORMATION OFFICER 
For necessary expenses of the Office of the Chief Infor-
mation Officer, as authorized by section 103 of the Home-
land Security Act of 2002 (6 U.S.C. 113), and Department- 
wide technology investments, $295,200,000; of which 
$81,000,000 shall be available for salaries and expenses;
472 
and of which $214,200,000, to remain available until ex-
pended, shall be available for development and acquisition 
of information technology equipment, software, services, 
and related activities for the Department of Homeland Se-
curity, of which not less than $36,800,000 shall be available, 
as requested in the President’s Fiscal Year 2008 Budget, 
for Department of Homeland Security data center develop-
ment and an additional $35,500,000 shall be available for 
further construction of the National Center for Critical In-
formation Processing and Storage: Provided, That none of 
the funds appropriated shall be used to support or supple-
ment the appropriations provided for the United States Vis-
itor and Immigrant Status Indicator Technology project or 
the Automated Commercial Environment: Provided further, 
That the Chief Information Officer shall submit to the Com-
mittees on Appropriations of the Senate and the House of 
Representatives, not more than 60 days after the date of 
enactment of this Act, an expenditure plan for all informa-
tion technology acquisition projects that: (1) are funded 
under this heading; or (2) are funded by multiple compo-
nents of the Department of Homeland Security through re-
imbursable agreements: Provided further, That such expend-
iture plan shall include each specific project funded, key 
milestones, all funding sources for each project, details of
473 
annual and lifecycle costs, and projected cost savings or cost 
avoidance to be achieved by the project. 
ANALYSIS AND OPERATIONS 
(INCLUDING RESCISSION OF FUNDS) 
For necessary expenses for information analysis and 
operations coordination activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$306,000,000, to remain available until September 30, 
2009, of which not to exceed $5,000 shall be for official re-
ception and representation expenses: Provided, That of the 
amounts made available under this heading in Public Law 
109–295, $8,700,000 are rescinded. 
OFFICE OF THE FEDERAL COORDINATOR FOR GULF 
COAST REBUILDING 
For necessary expenses of the Office of the Federal Co-
ordinator for Gulf Coast Rebuilding, $2,700,000: Provided, 
That $1,000,000 shall not be available for obligation until 
the Committees on Appropriations of the Senate and the 
House of Representatives receive an expenditure plan for 
fiscal year 2008. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General 
Act of 1978 (5 U.S.C. App.), $92,711,000, of which not to 
exceed $150,000 may be used for certain confidential oper-
474 
ational expenses, including the payment of informants, to 
be expended at the direction of the Inspector General. 
TITLE II 
SECURITY, ENFORCEMENT, AND INVESTIGATIONS 
U.S. CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of laws relating 
to border security, immigration, customs, and agricultural 
inspections and regulatory activities related to plant and 
animal imports; purchase and lease of up to 4,500 (2,300 
for replacement only) police-type vehicles; and contracting 
with 
individuals 
for 
personal 
services 
abroad; 
$6,802,560,000, of which $3,093,000 shall be derived from 
the Harbor Maintenance Trust Fund for administrative ex-
penses related to the collection of the Harbor Maintenance 
Fee pursuant to section 9505(c)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding 
section 1511(e)(1) of the Homeland Security Act of 2002 
(6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall 
be for official reception and representation expenses; of 
which not less than $226,740,000 shall be for Air and Ma-
rine Operations; of which $13,000,000 shall be used to pro-
cure commercially available technology in order to expand 
and improve the risk-based approach of the Department of 
Homeland Security to target and inspect cargo containers
475 
under the Secure Freight Initiative and the Global Trade 
Exchange; of which such sums as become available in the 
Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconcili-
ation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived 
from that account; of which not to exceed $150,000 shall 
be available for payment for rental space in connection with 
preclearance operations; and of which not to exceed 
$1,000,000 shall be for awards of compensation to inform-
ants, to be accounted for solely under the certificate of the 
Secretary of Homeland Security: Provided, That of the 
amount provided under this heading, $323,000,000 is des-
ignated as described in section 5 (in the matter preceding 
division A of this consolidated Act): Provided further, That 
for fiscal year 2008, the overtime limitation prescribed in 
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
267(c)(1)) shall be $35,000; and notwithstanding any other 
provision of law, none of the funds appropriated by this 
Act may be available to compensate any employee of U.S. 
Customs and Border Protection for overtime, from whatever 
source, in an amount that exceeds such limitation, except 
in individual cases determined by the Secretary of Home-
land Security, or the designee of the Secretary, to be nec-
essary for national security purposes, to prevent excessive 
costs, or in cases of immigration emergencies: Provided fur-
476 
ther, That of the amount made available under this head-
ing, $202,816,000 shall remain available until September 
30, 2009, to support software development, equipment, con-
tract services, and the implementation of inbound lanes and 
modification to vehicle primary processing lanes at ports 
of entry; of which $100,000 is to promote information and 
education exchange with nations friendly to the United 
States in order to promote sharing of best practices and 
technologies relating to homeland security, as authorized by 
section 879 of Public Law 107–296; and of which 
$75,000,000 may not be obligated until the Committees on 
Appropriations of the Senate and the House of Representa-
tives receive a report not later than 120 days after the date 
of enactment of this Act on the preliminary results of test-
ing of pilots at ports of entry used to develop and imple-
ment the plan required by section 7209(b)(1) of the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (Pub-
lic Law 108–458; 8 U.S.C. 1185 note), which includes the 
following information: (1) infrastructure and staffing re-
quired, with associated costs, by port of entry; (2) updated 
milestones for plan implementation; (3) a detailed expla-
nation of how requirements of such section have been satis-
fied; (4) confirmation that a vicinity-read radio frequency 
identification card has been adequately tested to ensure