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GENERAL PROVISIONS GOVERNMENT-WIDE TITLE VII—GENERAL PROVISIONS GOVERNMENT-WIDE ebenthall on PROD1PC69 with BUDGET PAG DEPARTMENTS, AGENCIES, AND CORPORATIONS SEC. 701. øHereafter, funds¿ Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee. SEC. 702. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year ø2008¿ 2009 shall obligate or expend any such funds, unless such department, agency, or instrumentality 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 the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act (21 U.S.C. 802)) by the officers and employees of such department, agency, or instrumentality. SEC. 703. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is hereby fixed at ø$12,888¿ $13,197 except station wagons for which the maximum shall be ø$13,312¿ $13,631: Provided, That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided further, That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further, That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101–549 over the cost of comparable conventionally fueled vehicles. SEC. 704. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924. SEC. 705. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person in the service of the United States on the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States; (3) is a person who owes allegiance to the United States; (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975; or (6) is a national of the People’s Republic of China who qualifies for adjustment of status pursuant to the Chinese Student Protection Act of 1992 (Public Law 102–404): Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens VerDate Aug 31 2005 15:36 Jan 24, 2008 Jkt 214754 PO 00000 Frm 00001 Fmt 3616 of Ireland, Israel, or the Republic of the Philippines, or to nationals of those countries allied with the United States in a current defense effort, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies: Provided further, That this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed by the Department of the Interior or the USDA Forest Service pursuant to an agreement with another country. SEC. 706. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law. SEC. 707. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes: (1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. ø13101 (September 14, 1998)¿ 13423 (January 24, 2007), including any such programs adopted prior to the effective date of the Executive order. (2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs. (3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency. SEC. 708. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. øSEC. 709. Hereafter, no part of any appropriation contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person.¿ SEC. ø710¿ 709. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. SEC. ø711¿ 710. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States. SEC. ø712¿ 711. (a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year ø2008¿ 2009, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code— (1) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year ø2008¿ 2009, in an amount Sfmt 3616 E:\BUDGET\GGP.XXX GGP 9 10 TITLE VII—GENERAL PROVISIONS GOVERNMENT-WIDE—Continued ebenthall on PROD1PC69 with BUDGET PAG DEPARTMENTS, AGENCIES, AND THE BUDGET FOR FISCAL YEAR 2009 CORPORATIONS—Continued that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and (2) during the period consisting of the remainder of fiscal year ø2008¿ 2009, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of— (A) the percentage adjustment taking effect in fiscal year ø2008¿ 2009 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and (B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year ø2008¿ 2009 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section. (b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee. (c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, ø2007¿ 2008, shall be determined under regulations prescribed by the Office of Personnel Management. (d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, ø2007¿ 2008, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section. (e) This section shall apply with respect to pay for service performed after September 30, ø2007¿ 2008. (f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay. (g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect. (h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. SEC. ø713¿ 712. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is øexpressly approved by¿ transmitted to the Committees on Appropriations. For the purposes of this section, the term ‘‘office’’ shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual. SEC. ø714¿ 713. Notwithstanding section 1346 of title 31, United States Code, or section ø710¿ 709 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 national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 12472 (April 3, 1984). SEC. ø715¿ 714. (a) None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policydetermining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of the Federal department, agency, or other instrumentality employing the Schedule VerDate Aug 31 2005 15:36 Jan 24, 2008 Jkt 214754 PO 00000 Frm 00002 Fmt 3616 C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the White House. (b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from— (1) the Central Intelligence Agency; (2) the National Security Agency; (3) the Defense Intelligence Agency; (4) the National Geospatial-Intelligence Agency; (ø4¿ 5) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; (ø5¿ 6) the Bureau of Intelligence and Research of the Department of State; (ø6¿ 7) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and (ø7¿ 8) the Director of National Intelligence or the Office of the Director of National Intelligence. SEC. ø716¿ 715. øHereafter, no¿ No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act shall obligate or expend any such funds, unless such department, agency, or instrumentality 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 violation 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). øSEC. 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 threatens to prohibit or prevent, any other officer or employee 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 initiative of such other officer or employee or in response 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 discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment 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 subcommittee of the Congress as described in paragraph (1).¿ øSEC. 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 knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels 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 training 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 Employment Opportunity Commission Notice N– 915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants’ 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.¿ øSEC. 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 Sfmt 3616 E:\BUDGET\GGP.XXX GGP TITLE VII—GENERAL PROVISIONS GOVERNMENT-WIDE—Continued ebenthall on PROD1PC69 with BUDGET PAG GENERAL PROVISIONS GOVERNMENT-WIDE the following provisions: ‘‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive 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 disclosure 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 agreement that is to be executed by a person connected with the conduct of an intelligence or intelligencerelated activity, 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. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized 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 official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law.¿ SEC. ø720¿ 716. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-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 legislation pending before the Congress, except in presentation to the Congress itself. SEC. ø721¿ 717. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal 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. øSEC. 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. ø723¿ 718. 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 propaganda purposes within the United States not heretofor authorized by the Congress. SEC. ø724¿ 719. (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 Regulatory Commission; and (3) shall not include the Government Accountability Office. (b) Unless authorized in accordance with law or regulations 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 obligation to expend an honest effort and a reasonable proportion of such employee’s time in the performance of official duties. SEC. ø725¿ 720. Notwithstanding 31 U.S.C. 1346 and section ø710¿ 709 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. ø726¿ 721. Notwithstanding 31 U.S.C. 1346 and section ø710¿ 709 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse ‘‘General Services Administration, Government-wide Policy’’ with the approval of the Director of the Office of Management and Budget, funds made availVerDate Aug 31 2005 15:36 Jan 24, 2008 Jkt 214754 PO 00000 Frm 00003 Fmt 3616 11 able for the current fiscal year by this or any other Act, including rebates from charge card and other contracts: Provided, That these funds shall be administered by the Administrator of General Services to support Government-wide financial, information technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office of Management and Budget, in consultation with the appropriate interagency groups designated by the Director (including the President’s Management Council for overall management improvement initiatives, the Chief Financial Officers Council for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, and the Chief Acquisition Officers Council for procurement initiatives): Provided further, That the total funds transferred or reimbursed shall not exceed ø$10,000,000¿ $17,000,000: Provided further, That such transfers or reimbursements may only be made after 15 days following notification of the Committees on Appropriations by the Director of the Office of Management and Budget. SEC. ø727¿ 722. 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. ø728¿ 723. Notwithstanding section 1346 of title 31, United States Code, or section ø710¿ 709 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, agencies, or entities: Provided, That the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the House Committee on Science and Technology, and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act. SEC. ø729¿ 724. 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 applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds. SEC. ø730¿ 725. Section 403(f) of the Government Management Reform Act of 1994 (31 U.S.C. 501 note; Public Law 103–356) is amended øto read as follows: ‘‘(f) TERMINATION OF CERTAIN AUTHORITY.—The authority of the Secretary of Homeland Security to carry out a pilot program under this section shall terminate on October 1, 2008.’’.¿ by deleting ‘‘2008’’ and inserting in lieu thereof ‘‘2009’’. SEC. ø731¿ 726. (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 individual’s access to or use of any Federal Government Internet site of the agency; or (2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived 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 identifiable information; (3) any action taken for law enforcement, regulatory, 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 operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site. (c) DEFINITIONS.—For the purposes of this section: (1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law. Sfmt 3616 E:\BUDGET\GGP.XXX GGP 12 TITLE VII—GENERAL PROVISIONS GOVERNMENT-WIDE—Continued ebenthall on PROD1PC69 with BUDGET PAG DEPARTMENTS, AGENCIES, AND THE BUDGET FOR FISCAL YEAR 2009 CORPORATIONS—Continued (2) The term ‘‘supervisory’’ means examinations of the agency’s supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law. SEC. ø732¿ 727. (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 contraceptive 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 subject any individual to discrimination on the basis that the 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 require coverage of abortion or abortion-related services. øSEC. 733. The Congress of the United States recognizes the United States Anti-Doping Agency (USADA) as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States.¿ SEC. ø734¿ 728. Notwithstanding any other provision of law, funds appropriated for official travel by Federal departments 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 Government personnel, to participate in the fractional aircraft ownership pilot program. øSEC. 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 Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch).¿ SEC. ø736¿ 729. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance øapproval¿ notification of the Committees on Appropriations, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities. øSEC. 737. (a) For fiscal year 2008, no funds shall be available for transfers 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 Committees on Appropriations by the Director of the Office of Management and Budget and receipt of approval to transfer funds by the House and Senate Committees on Appropriations. (b) Hereafter, any funding request for a new or ongoing E-Government initiative by any agency or agencies managing the development of an initiative shall include in justification materials submitted to the House and Senate Committees on Appropriations the information in subsection (d). (c) Hereafter, any funding request by any agency or agencies participating in the development of an E-Government initiative and contributing funding for the initiative shall include in justification materials submitted to the House and Senate Committees on Appropriations— (1) the amount of funding contributed to each initiative by program office, bureau, or activity, as appropriate; and (2) the relevance of that use to that department or agency and each bureau or office within, which is contributing funds. (d) The report in (a) and justification materials in (b) shall include at a minimum— (1) a description of each initiative including but not limited to its objectives, benefits, development status, risks, cost effectiveness (including estimated net costs or savings to the government), and the estimated date of full operational capability; VerDate Aug 31 2005 15:36 Jan 24, 2008 Jkt 214754 PO 00000 Frm 00004 Fmt 3616 (2) the total development cost of each initiative by fiscal year including costs to date, the estimated costs to complete its development to full operational capability, and estimated annual operations and maintenance costs; and (3) the sources and distribution of funding by fiscal year and by agency and bureau for each initiative including agency contributions to date and estimated future contributions by agency. (e) No funds shall be available for obligation or expenditure for new E-Government initiatives without the explicit approval of the House and Senate Committees on Appropriations.¿ øSEC. 738. Notwithstanding section 1346 of title 31, United States Code, and section 710 of this Act and any other provision of law, the head of each appropriate executive department and agency shall transfer to or reimburse the Federal Aviation Administration, upon the direction of the Director of the Office of Management and Budget, funds made available by this or any other Act for the purposes described below, and shall submit budget requests for such purposes. These funds shall be administered by the Federal Aviation Administration, in consultation with the appropriate interagency groups designated by the Director and shall be used to ensure the uninterrupted, continuous operation of the Midway Atoll Airfield by the Federal Aviation Administration pursuant to an operational agreement with the Department of the Interior for the entirety of fiscal year 2008 and any period thereafter that precedes the enactment of the Financial Services and General Government Appropriations Act, 2009. The Director of the Office of Management and Budget shall mandate the necessary transfers after determining an equitable allocation between the appropriate executive departments and agencies of the responsibility for funding the continuous operation of the Midway Atoll Airfield based on, but not limited to, potential use, interest in maintaining aviation safety, and applicability to governmental operations and agency mission. The total funds transferred or reimbursed shall not exceed $6,000,000 for any twelve-month period. Such sums shall be sufficient to ensure continued operation of the airfield throughout the period cited above. Funds shall be available for operation of the airfield or airfield-related capital upgrades. The Director of the Office of Management and Budget shall notify the Committees on Appropriations of such transfers or reimbursements within 15 days of this Act. Such transfers or reimbursements shall begin within 30 days of enactment of this Act.¿ øSEC. 739. (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 performance 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 employees 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 determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor 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 organization’s personnelrelated costs for performance of that activity or function by Federal employees; or (ii) $10,000,000; and (C) the contractor does not receive an advantage 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 performance of that activity or function under the contract; (ii) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Federal Government for health benefits for civilian employees under chapter 89 of title 5, United States Code; or (iii) offering to such workers a retirement benefit that in any year costs less than the annual retirement cost factor applicable to Federal employees under chapter 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 function that— Sfmt 3616 E:\BUDGET\GGP.XXX GGP TITLE VII—GENERAL PROVISIONS GOVERNMENT-WIDE—Continued ebenthall on PROD1PC69 with BUDGET PAG GENERAL PROVISIONS GOVERNMENT-WIDE (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 performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals 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 (E) activities that are the subject of an ongoing competition that was publicly announced prior to the date of enactment of this Act. (b) USE OF PUBLIC-PRIVATE COMPETITION.—Nothing in Office of Management and Budget Circular A–76 shall prevent the head of an executive agency from conducting a public-private competition to evaluate the benefits of converting work from contract performance to performance 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 ACTIONS 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 solicitation or other request for offers described in paragraph (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 competition conducted under Office of Management and Budget Circular A–76 regarding performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under OMB Circular A–76, includes— ‘‘(i) any official who submitted the agency tender in such competition; and ‘‘(ii) any one person who, for the purpose 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 function.’’. (B) (i) Subchapter V of chapter 35 of such title is amended by adding at the end the following new section: ‘‘3557. Expedited action in protests for public-private competitions ‘‘For protests in cases of public-private competitions conducted under Office of Management and Budget Circular A–76 regarding performance of an activity or function of Federal agencies, the Comptroller General shall administer 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 activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, then an official or person described in section 3551(2)(B) of title 31 shall be entitled to intervene in that action.’’. (3) APPLICABILITY.—Subparagraph (B) of section 3551(2) of title 31, United States Code (as added by paragraph (1)), and paragraph (5) of section 1491(b) of title 28, United States Code (as added by paragraph (2)), shall apply to— (A) protests and civil actions that challenge final selections of sources of performance of an activity or function of a Federal agency that are made pursuant to studies initiated under Office VerDate Aug 31 2005 15:36 Jan 24, 2008 Jkt 214754 PO 00000 Frm 00005 Fmt 3616 13 of Management and Budget Circular A–76 on or after January 1, 2004; and (B) any other protests and civil actions that relate to publicprivate competitions initiated under Office of Management and Budget Circular 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. (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 preparation for, undertaking, continuation of, or completion of a public-private competition or direct conversion under Office of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy. (e) APPLICABILITY.—This section shall apply with respect to fiscal year 2008 and each succeeding fiscal year.¿ øSEC. 740. (a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2008 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.5 percent, and this adjustment shall apply to civilian employees in the Department of Homeland Security and shall apply to civilian employees in the Department of Defense who are represented by a labor organization as defined in 5 U.S.C. 7103(a)(4), and such adjustments shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2008. Civilian employees in the Department of Defense who are eligible to be represented by a labor organization as defined in 5 U.S.C. 7103(a)(4), but are not so represented, will receive the adjustment provided for in this section unless the positions are entitled to a pay adjustment under 5 U.S.C. 9902. (b) Notwithstanding section 712 of this Act, the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2008 under sections 5344 and 5348 of title 5, United States Code, shall be no less than the percentage in paragraph (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to be located in the pay locality designated as ‘‘Rest of US’’ pursuant to section 5304 of title 5 for purposes of this paragraph. (c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2008.¿ SEC. ø741¿ 730. Unless otherwise authorized by existing law, none of the funds provided in this Act or any other Act may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. øSEC. 742. (a) None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act) and regulations implementing that section. (b) Section 522 of division H of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3268; 5 U.S.C. 552a note) is amended by striking subsection (d) and inserting the 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 report the results of its review to the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Oversight and Government Reform, and the Senate Committee on Homeland Security and Governmental Affairs. The report required by this review may be incorporated into a related report to Congress otherwise required by law including, but not limited to, 44 U.S.C. 3545, the Federal Information Security Management Act of 2002. The Inspector General may contract with an independent, third party organization to conduct the review.’’.¿ Sfmt 3616 E:\BUDGET\GGP.XXX GGP 14 TITLE VII—GENERAL PROVISIONS GOVERNMENT-WIDE—Continued ebenthall on PROD1PC69 with BUDGET PAG DEPARTMENTS, AGENCIES, AND THE BUDGET FOR FISCAL YEAR 2009 CORPORATIONS—Continued SEC. ø743¿ 731. Each executive department and agency shall evaluate the creditworthiness of an individual before issuing the individual a government travel charge card. Such evaluations for individuallybilled 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, øThat section 604(a)(3) of such Act shall be amended by adding to the end the following: ‘‘(G) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.’’: Provided further,¿ That the department or agency may not issue a government travel charge card to an individual that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided further, That this restriction shall not preclude issuance of a restricted-use charge, debit, or stored value card made in accordance with agency procedures to: (1) an individual with an unsatisfactory credit history where such card is used to pay travel expenses and the agency determines there is no suitable alternative payment mechanism available before issuing the card; or (2) an individual who lacks a credit history. Each executive department and agency shall establish guidelines and procedures for disciplinary actions to be taken against agency personnel for improper, fraudulent, or abusive use of government charge cards, which shall include appropriate disciplinary actions for use of charge cards for purposes, and at establishments, that are inconsistent with the official business of the Department or agency or with applicable standards of conduct. øSEC. 744. CROSSCUT BUDGET. (a) DEFINITIONS.—For purposes of this section the following definitions apply: (1) GREAT LAKES.—The terms ‘‘Great Lakes’’ and ‘‘Great Lakes State’’ have the same meanings as such terms have in section 506 of the Water Resources Development Act of 2000 (42 U.S.C. 1962d–22). (2) GREAT LAKES RESTORATION ACTIVITIES.—The term ‘‘Great Lakes restoration activities’’ means any Federal or State activity primarily or entirely within the Great Lakes watershed that seeks to improve the overall health of the Great Lakes ecosystem. (b) REPORT.—Not later than 30 days after submission of the budget of the President to Congress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Great Lakes Interagency Task Force, shall submit to the appropriate authorizing and 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 transfer, for each of the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately reporting the amount of funding to be provided under existing laws pertaining to the Great Lakes ecosystem; and (B) identifies all expenditures since fiscal year 2004 by the Federal Government and State governments for Great Lakes restoration activities; (2) a detailed accounting of all funds received and obligated by all Federal agencies and, to the extent available, State agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years; (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 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.¿ øSEC. 745. (a) IN GENERAL.—None of the funds appropriated or otherwise made available by this or any other Act may be used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity. (b) WAIVERS.— (1) IN GENERAL.—Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority VerDate Aug 31 2005 15:36 Jan 24, 2008 Jkt 214754 PO 00000 Frm 00006 Fmt 3616 of such Secretary if the Secretary determines that the waiver is required in the interest of national security. (2) REPORT TO CONGRESS.—Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress. (c) EXCEPTION.—This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act, or to any task order issued pursuant to such contract.¿ SEC. ø746¿ 732. (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 Inspector General. (b) Each Office of Inspector General shall: (1) post on its website any public report or audit or portion of any report or audit issued within one day of its release; (2) provide a service on its website to allow an individual to request automatic receipt of information relating to any public report or audit or portion of that report or audit and which permits electronic transmittal of the information, or notice of the availability of the information without further request; and (3) establish and maintain a direct link on its website for individuals to anonymously report waste, fraud and abuse. øSEC. 747. (a) None of the funds available under this or any other Act may be used to carry out a public-private competition or direct conversion under Office of Management and Budget (OMB) Circular A–76, or any successor regulation, directive or policy, relating to the Human Resources Lines of Business initiative until 60 days after the Director of the Office of Management and Budget submits to the Committees on Appropriations of the House of Representatives and the Senate a report on the use of public-private competitions and direct conversion to contractor performance as part of the Human Resources Lines of Business initiative. (b) The report required by this section shall address the following: (1) The role, if any, that public-private competitions under Circular A–76 or direct conversions to contractor performance are expected to play as part of the Human Resources Lines of Business initiative. (2) The expected impact, if any, of the initiative on employment levels at the Federal agencies involved or across the Federal Government as a whole. (3) An estimate of the annual and recurring savings the initiative is expected to generate and a description of the methodology used to derive that estimate. (4) An estimate of the total transition costs attributable to the initiative. (5) Guidance for use by agencies in evaluating the benefits of the initiative and in developing alternative strategies should expected benefits fail to materialize. (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 submitted to the Committees on Appropriations of the House of Representatives and the Senate. The Government Accountability 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.¿ øSEC. 748. No later than 180 days after enactment of this Act, the Office of Management and Budget shall establish a pilot program to develop and implement an inventory to track the cost and size (in contractor manpower equivalents) of service contracts, particularly with respect to contracts that have been performed poorly by a contractor because of excessive costs or inferior quality, as determined by a contracting officer within the last 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 varying levels of annual contracting for services, as reported by the Federal Procurement Data System’s Federal Procurement 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 $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.¿ øSEC. 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 title IV or VIII.¿ SEC. 733. From funds made available in this Act under the headings ‘‘The White House’’, ‘‘Office of Management and Budget’’, ‘‘Office of National Drug Control Policy’’, ‘‘Special Assistance to the President’’, ‘‘Official Residence of the Vice President’’, ‘‘Council on Environmental Quality and Office of Environmental Quality’’, ‘‘Office of Science and Technology Policy’’, and ‘‘Office of United States Trade Sfmt 3616 E:\BUDGET\GGP.XXX GGP TITLE VII—GENERAL PROVISIONS GOVERNMENT-WIDE—Continued ebenthall on PROD1PC69 with BUDGET PAG GENERAL PROVISIONS GOVERNMENT-WIDE Representative’’, the Director of the Office of Management and Budget (or such other officer as the President may designate in writing), may, fifteen days after giving notice to the House and Senate Committees on Appropriations, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided, That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Provided further, That no amount shall be transferred from ‘‘Special Assistance to the President’’ or ‘‘Official Residence of the Vice President’’ without the approval of the Vice President. SEC. 734. (a) The President may provide for adjustments in rates of basic pay for employees under the statutory pay systems under sections 5303(b), 5304a, and 5305 of title 5, United States Code, in amounts not to exceed an overall average increase in General Schedule payroll of 2.9 percent in fiscal year 2009. This provision shall not require an adjustment to be made under section 5305 unless the President determines good and sufficient evidence exists to support such an adjustment. (b) 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 2009. SEC. 735. FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following new subchapter: ‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF REAL PROPERTY ‘‘§ 621. Pilot Program ‘‘(a) The Director of the Office of Management and Budget (in this subchapter referred to as the ‘Director’) is authorized to conduct a pilot program, to be known as the ‘Federal Real Property Disposal Pilot Program’, under which real property that is not meeting Federal Government needs may be disposed of in accordance with this subchapter. ‘‘(b) For purposes of this subchapter, the Director shall identify criteria for determining whether real property is not meeting Federal Government needs. ‘‘(c) The Federal Real Property Disposal Pilot Program shall terminate 5 years after the date of the enactment of this subchapter. ‘‘§ 622. Selection of real properties ‘‘Agencies will recommend candidate disposition properties to the Director for participation in the pilot program. The Director, with the concurrence of the head of the executive agency concerned and consistent with the criteria established in section 621, may then select such candidate properties for participation in the pilot program and notify the recommending agency accordingly. ‘‘§ 623. Expedited disposal requirements ‘‘(a) For purposes of the pilot program, an ‘‘expedited disposal of a real property’’ is a sale of real property for cash that is conducted pursuant to the requirements of section 545 of this title. ‘‘(b) Real property sold under the pilot program must be sold at not less than the fair market value as determined by the Director in consultation with the head of the executive agency. Costs associated with disposal may not exceed the fair market value of the property unless the Director approves incurring such costs. ‘‘(c) A real property may be sold under the pilot program only if the property will generate monetary proceeds to the Federal Government, as provided in subsection (b). A disposal of real property under the pilot program may not include any exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction as part of the disposal. ‘‘(d) Nothing in this subchapter shall be construed as terminating or in any way limiting authorities that are otherwise available to agencies under other provisions of law to dispose of Federal real property, except as provided in subsection (e). ‘‘(e) Any expedited disposal of a real property conducted under this section shall not be subject to— ‘‘(1) subchapter IV of this chapter; ‘‘(2) sections 550 and 553 of title 40, United States Code; ‘‘(3) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); ‘‘(4) any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or ‘‘(5) any congressional notification requirement other than that in section 545 of this title. ‘‘§ 624. Special rules for deposit and use of proceeds from expedited disposals ‘‘(a) Agencies that conduct expedited disposals of real properties under this subchapter shall be reimbursed from the proceeds for VerDate Aug 31 2005 15:36 Jan 24, 2008 Jkt 214754 PO 00000 Frm 00007 Fmt 3616 15 the administrative expenses associated with the disposal of such properties. Such amounts will be credited as offsetting collections to the account that incurred such expenses, to remain available until expended without further appropriations. ‘‘(b) After payment of such administrative costs, the balance of the proceeds shall be distributed as follows: ‘‘(1) 80 percent shall be deposited into the Treasury as miscellaneous receipts; and ‘‘(2) 20 percent shall be deposited into the account of the agency that owned the real property and initiated the disposal action. Such funds shall be available without further appropriation, to remain available for the period of the pilot program, for activities related to Federal real property capital improvements and disposal activities. Upon termination of the pilot program, any unobligated amounts shall be transferred to the general fund of the Treasury.’’ (b) CLERICAL AMENDMENT.-The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following: ‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF REAL PROPERTY ‘‘621. Requirement for pilot program. ‘‘622. Selection of real properties and termination of pilot program. ‘‘623. Expedited disposal requirements. ‘‘624. Special rules for deposit and use of proceeds from expedited disposals.’’. SEC. 736. Notwithstanding any other provision of law (except 5 U.S.C. 552a and other provisions of the Privacy Act of 1974, as amended), the Director of the Office of Management and Budget (the ’Director’) may, for the purpose of eliminating improper payments when Federal assistance is provided in an ‘‘emergency’’ or ‘‘major disaster’’ (as defined in 42 U.S.C. 5122), permit access by Federal, State, local, and/or tribal government agencies to data within government-owned or managed systems, including systems managed by individual programs that can assist in confirming an applicant’s identification, address, and other such data as necessary to confirm eligibility for benefits provided in response to an emergency or major disaster. This provision applies to the Electronic Disqualified Recipient Subsystem, National Directory of New Hires, Income Eligibility Verification System, National Death Index, Fugitive Felon System, Prisoner Database, State Data Exchange, Numident, the State Verification and Exchange Systems, and such other data and systems as determined by the Director. The Director shall provide written notice to Congress at least twenty-four hours prior to any such access that includes a justification for the access, the system(s) and data subject to the access, assurances that data that is accessed will be limited to only those purposes associated with the efficient and accurate payment of benefits during an emergency or disaster, a description of the safeguards that will be implemented related to privacy and data integrity, and the date the access will end if less than 90 days. Access to the data within these systems will automatically expire 90 days after such notice to Congress unless the Director provides Congress additional advance notice to extend for one or more subsequent periods not to exceed 90 days each. Within 180 days of enactment of this provision, the Director shall submit to Congress a pre-disaster plan that outlines the procedures and policies that will be followed during each such suspension, including the reimbursement of costs to the agencies supporting the impacted systems. SEC. 737. The head of any Federal department or agency hereafter may, subject to prior, written approval by the Director of the Office of Management and Budget, transfer any unobligated funds between appropriations within such department or agency, in order to expedite a more rapid and effective response to a catastrophic event, as provided in the National Response Plan required under Public Law 107– 296: Provided, That amounts transferred shall be available for the purposes and subject to the limitations of the account to which transferred: Provided further, That the head of such department or agency shall notify the House and Senate Committees on Appropriations within 15 days of such a transfer. SEC. 738. Notwithstanding any other provision of law, a public or private institution of higher education may offer or provide an officer or employee of any branch of the United States Government or of the District of Columbia, who is a current or former student of such institution, financial assistance for the purpose of repaying a student loan or forbearance of student loan repayment, and an officer or employee of any branch of the United States Government or of the District of Columbia may seek or receive such assistance or forbearance. Sfmt 3616 E:\BUDGET\GGP.XXX GGP 16 TITLE VII—GENERAL PROVISIONS GOVERNMENT-WIDE—Continued DEPARTMENTS, AGENCIES, AND THE BUDGET FOR FISCAL YEAR 2009 CORPORATIONS—Continued ebenthall on PROD1PC69 with BUDGET PAG SEC. 739. Section 739 of Division D of Public Law 110–161 is repealed. (Financial Services and General Government Appropriations Act, 2008.) VerDate Aug 31 2005 15:36 Jan 24, 2008 Jkt 214754 PO 00000 Frm 00008 Fmt 3616 Sfmt 3616 E:\BUDGET\GGP.XXX GGP
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