Page:United States Statutes at Large Volume 121.djvu/2052

 PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 2031

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’’.

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(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 of Management and Budget Circular A–76 on or after January 1, 2004; and (B) any other protests and civil actions that relate to public-private competitions initiated under Office of Management and Budget Circular A–76, or a decision to convert a function performed by Federal employees to 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. SEC. 740. (a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2008 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.5 percent, and this adjustment shall apply to civilian employees in the Department of Homeland Security

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Pay increase. Applicability. Effective date. 5 USC 5303 note.

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