394 
eral Government Appropriations Act, 2010. The Director 
of the Office of Management and Budget shall mandate 
the necessary transfers after determining an equitable al-
location between the appropriate executive departments 
and agencies of the responsibility for funding the contin-
uous operation of the Midway Atoll Airfield based on, but 
not limited to, potential use, interest in maintaining avia-
tion safety, and applicability to governmental operations 
and agency mission. The total funds transferred or reim-
bursed shall not exceed $6,000,000 for any 12-month pe-
riod. 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 Of-
fice of Management and Budget shall notify the Commit-
tees on Appropriations of such transfers or reimburse-
ments within 15 days of this Act. Such transfers or reim-
bursements shall begin within 30 days of enactment of this 
Act. 
SEC. 735. Section 739(a)(1) of division D of the Con-
solidated Appropriations Act, 2008 (Public Law 110–161; 
121 Stat. 2029) is amended by striking ‘‘more than 10’’. 
SEC. 736. Section 739 of division D of the Consoli-
dated Appropriations Act, 2008 (Public Law 110–161; 
VerDate Nov 24 2008 
05:11 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00394
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS
395 
121 Stat. 2030) is amended by striking subsection (b) and 
inserting the following: 
‘‘(b) GUIDELINES ON INSOURCING NEW AND CON-
TRACTED OUT FUNCTIONS.— 
‘‘(1) GUIDELINES REQUIRED.—(A) The heads 
of executive agencies subject to the Federal Activi-
ties Inventory Reform Act of 1998 (Public Law 
105–270; 31 U.S.C. 501 note) shall devise and im-
plement guidelines and procedures to ensure that 
consideration is given to using, on a regular basis, 
Federal employees to perform new functions and 
functions that are performed by contractors and 
could be performed by Federal employees. 
‘‘(B) The guidelines and procedures required 
under subparagraph (A) may not include any spe-
cific limitation or restriction on the number of func-
tions or activities that may be converted to perform-
ance by Federal employees. 
‘‘(2) SPECIAL
CONSIDERATION
FOR
CERTAIN 
FUNCTIONS.—The guidelines and procedures re-
quired under paragraph (1) shall provide for special 
consideration to be given to using Federal employees 
to perform any function that— 
‘‘(A) is performed by a contractor and— 
VerDate Nov 24 2008 
05:11 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00395
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS
396 
‘‘(i) has been performed by Federal 
employees at any time during the previous 
10 years; 
‘‘(ii) is a function closely associated 
with the performance of an inherently gov-
ernmental function; 
‘‘(iii) has been performed pursuant to 
a contract awarded on a non-competitive 
basis; or 
‘‘(iv) has been performed poorly, as 
determined by a contracting officer during 
the 5-year period preceding the date of 
such determination, because of excessive 
costs or inferior quality; or 
‘‘(B) is a new requirement, with particular 
emphasis given to a new requirement that is 
similar to a function previously performed by 
Federal employees or is a function closely asso-
ciated with the performance of an inherently 
governmental function. 
‘‘(3) EXCLUSION OF CERTAIN FUNCTIONS FROM 
COMPETITIONS.—The head of an executive agency 
may not conduct a public-private competition under 
Office of Management and Budget Circular A–76 or 
any other provision of law or regulation before— 
VerDate Nov 24 2008 
05:11 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00396
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS
397 
‘‘(A) in the case of a new agency function, 
assigning the performance of the function to 
Federal employees; 
‘‘(B) in the case of any agency function de-
scribed in paragraph (2), converting the func-
tion to performance by Federal employees; or 
‘‘(C) in the case of an agency function per-
formed by Federal employees, expanding the 
scope of the function. 
‘‘(4) DEADLINE.—(A) The head of each execu-
tive agency shall implement the guidelines and pro-
cedures required under this subsection by not later 
than 120 days after the date of the enactment of 
this subsection. 
‘‘(B) Not later than 210 days after the date of 
the enactment of this subsection, the Government 
Accountability Office shall submit a report on the 
implementation of this subsection to the Committees 
on Appropriations of the House of Representatives 
and the Senate, the Committee on Oversight and 
Government Reform of the House of Representa-
tives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
‘‘(5) DEFINITIONS.—In this subsection: 
VerDate Nov 24 2008 
05:11 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00397
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS