H. R. 2764—184 
(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 imple-
ment, interpret or enforce authorities provided in law. 
(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 pro-
vided in law. 
SEC. 732. (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 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. 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. 734. 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. 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 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. 736. 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
H. R. 2764—185 
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. 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 Appro-
priations 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 justifica-
tion 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 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. 
(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. 
SEC. 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 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 2008 and any period thereafter that 
precedes the enactment of the Financial Services and General
H. R. 2764—186 
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 suffi-
cient 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. 
SEC. 739. (a) REQUIREMENT
FOR PUBLIC-PRIVATE COMPETI-
TION.— 
(1) Notwithstanding any other provision of law, none of 
the funds appropriated by this or any other Act shall be avail-
able 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 
personnel-related 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 Govern-
ment by— 
(i) not making an employer-sponsored health insur-
ance plan available to the workers who are to be 
employed in the performance of that activity or func-
tion under the contract; 
(ii) offering to such workers an employer-sponsored 
health benefits plan that requires the employer to con-
tribute less towards the premium or subscription share 
than the amount that is paid by the Federal Govern-
ment 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;
H. R. 2764—187 
(B) section 44920 of title 49, United States Code; 
(C) a commercial or industrial type function 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 performance by 
a qualified nonprofit agency for the blind or by a quali-
fied 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 com-
petition 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 perform-
ance to performance by Federal employees in appropriate instances. 
The Circular shall provide procedures and policies for these competi-
tions 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 con-
ducted 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 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 purpose of rep-
resenting 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 com-
petitions 
‘‘For protests in cases of public-private competitions conducted 
under Office of Management and Budget Circular A–76 regarding