H. R. 1105—165 
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 indi-
vidual 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 cov-
erage of abortion or abortion-related services. 
SEC. 729. 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. 730. 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. 
SEC. 731. 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 Fellow-
ship 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. 732. Notwithstanding any other provision of law, no execu-
tive branch agency shall purchase, construct, and/or lease any addi-
tional facilities, except within or contiguous to existing locations, 
to be used for the purpose of conducting Federal law enforcement 
training without the advance approval of the Committees on Appro-
priations, 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. 
SEC. 733. (a) For fiscal year 2009, 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 Appro-
priations by the Director of the Office of Management and Budget 
and receipt of approval to transfer funds by the Committees on 
Appropriations of the House of Representatives and the Senate. 
(b) The report in (a) and other required justification materials 
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
H. R. 1105—166 
government), and the estimated date of full operational capa-
bility; 
(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. 
(c) No funds shall be available for obligation or expenditure 
for new E-Government initiatives without the explicit approval 
of the Committees on Appropriations of the House of Representa-
tives and the Senate. 
SEC. 734. Notwithstanding section 1346 of title 31, United 
States Code, and section 708 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 Adminis-
tration, upon the direction of the Director of the Office of Manage-
ment 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 inter-
agency 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 2009 and any period thereafter that 
precedes the enactment of the Financial Services and General 
Government Appropriations Act, 2010. 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 12-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 Appropria-
tions 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. 
SEC. 735. Section 739(a)(1) of division D of the Consolidated 
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 Consolidated Appro-
priations Act, 2008 (Public Law 110–161; 121 Stat. 2030) is 
amended by striking subsection (b) and inserting the following: 
‘‘(b) GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT 
FUNCTIONS.— 
‘‘(1) GUIDELINES
REQUIRED.—(A) The heads of executive 
agencies subject to the Federal Activities Inventory Reform 
Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note) shall 
devise and implement guidelines and procedures to ensure that
H. R. 1105—167 
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 specific limitation or 
restriction on the number of functions or activities that may 
be converted to performance by Federal employees. 
‘‘(2) SPECIAL CONSIDERATION FOR CERTAIN FUNCTIONS.—The 
guidelines and procedures required 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— 
‘‘(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 governmental 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 pre-
ceding the date of such determination, because of exces-
sive 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 associated with the performance of an inherently 
governmental function. 
‘‘(3) EXCLUSION
OF
CERTAIN
FUNCTIONS
FROM
COMPETI-
TIONS.—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 regula-
tion before— 
‘‘(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 described in 
paragraph (2), converting the function to performance by 
Federal employees; or 
‘‘(C) in the case of an agency function performed by 
Federal employees, expanding the scope of the function. 
‘‘(4) DEADLINE.—(A) The head of each executive agency 
shall implement the guidelines and procedures 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 Representa-
tives and the Senate, the Committee on Oversight and Govern-
ment Reform of the House of Representatives, and the Com-
mittee on Homeland Security and Governmental Affairs of the 
Senate. 
‘‘(5) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘inherently governmental functions’ has 
the meaning given such term in subpart 7.5 of part 7 
of the Federal Acquisition Regulation.