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(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
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(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
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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:
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‘‘§ 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
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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—
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(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-
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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
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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.’’:
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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
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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
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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.
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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
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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
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(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
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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.
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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.
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(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.
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(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
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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.
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(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
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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;