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Author : United States
Publisher : Unknown
Page : 6 pages
File Size : 52,5 Mb
Release : 1998
Category : Administrative agencies
ISBN : UCR:31210024928226
Author : United States. Congress. Senate. Committee on Governmental Affairs
Publisher : Unknown
Page : 20 pages
File Size : 50,9 Mb
Release : 1998
Category : Administrative agencies
ISBN : PURD:32754068903065
Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 43,9 Mb
Release : 1998
Category : Electronic
ISBN : OCLC:946698178
To provide a process for identifying the functions of the Federal Government that are not inherently governmental functions, and for other purposes.
Author : United States. Congress. Senate. Committee on Governmental Affairs
Publisher : Unknown
Page : 14 pages
File Size : 48,5 Mb
Release : 1998
Category : Administrative agencies
ISBN : OCLC:39854066
Author : United States. Congress. House. Committee on Government Reform. Subcommittee on Government Management, Information, and Technology
Publisher : Unknown
Page : 186 pages
File Size : 42,5 Mb
Release : 2000
Category : Business & Economics
ISBN : STANFORD:36105050169239
Author : United States. Congress. House. Committee on Government Reform. Subcommittee on Government Management, Information, and Technology
Publisher : Unknown
Page : 184 pages
File Size : 44,5 Mb
Release : 2000
Category : Business & Economics
ISBN : PURD:32754069588139
Author : United States. Congress. House. Committee on Government Reform and Oversight. Subcommittee on Government Management, Information, and Technology
Publisher : Unknown
Page : 126 pages
File Size : 55,5 Mb
Release : 1999
Category : Business & Economics
ISBN : PURD:32754069276164
Author : United States
Publisher : Unknown
Page : 72 pages
File Size : 41,7 Mb
Release : 1998
Category : Block grants
ISBN : UCR:31210024928283
Author : Anonim
Publisher : American Bar Association
Page : 660 pages
File Size : 42,9 Mb
Release : 2007
Category : Law
ISBN : 1590318951
Author : Congressional Research Congressional Research Service
Publisher : CreateSpace
Page : 28 pages
File Size : 46,6 Mb
Release : 2014-12-23
Category : Electronic
ISBN : 150587551X
Functions that federal law and policy require to be performed by government personnel, not contractor employees, are known as "inherently governmental functions." Such functions have been a topic of interest in recent Congresses, in part, because of questions about sourcing policy (i.e., whether specific functions should be performed by government personnel or contractor employees). There have also been questions about the various definitions of inherently governmental function given in federal law and policy and, particularly, whether the existence of multiple definitions of this term may have resulted in contractor employees performing functions that should be performed by government personnel. Two primary definitions of inherently governmental function currently exist in federal law and policy. One is a statutory definition, enacted as part of the Federal Activities Inventory Reform (FAIR) Act of 1998. This definition states that an inherently governmental function is "a function so intimately related to the public interest as to require performance by Federal Government employees." The other is a policy-oriented definition contained in Office of Management and Budget (OMB) Circular A-76. This definition states that an inherently governmental activity is "an activity that is so intimately related to the public interest as to mandate performance by government personnel." These two definitions arguably do not differ significantly in and of themselves. However, both the FAIR Act and OMB Circular A-76 include further elaboration and expansion upon the meaning of inherently governmental function that differ in certain ways. Other statutes, regulations and guidance documents that define inherently governmental function do so either by reproducing the language of the FAIR Act or OMB Circular A-76, or by incorporating their definitions by reference. Most notably, the Federal Acquisition Regulation (FAR) incorporates by reference or otherwise adopts the definition of OMB Circular A-76, while Office of Federal Procurement Policy (OFPP) Policy Letter 11-01, discussed below, adopts the FAIR Act's definition. However, like the FAIR Act and OMB Circular A-76, both the FAR and Policy Letter 11-01 also include some unique elaboration and expansion upon the term. In addition to these definitions, there are numerous statutory, regulatory, and policy provisions designating specific functions as inherently governmental or, alternatively, commercial. (A commercial function is one that could be performed by contractor employees, although there is generally no requirement that contractor employees perform commercial functions.) Such designations also help establish the meaning of inherently governmental function by specifying what is-and is not-included within this category. Similarly, while not offering their own definitions of inherently governmental function, the Government Accountability Office (GAO) and the federal courts have developed tests that they use in identifying specific functions as inherently governmental or commercial. However, a judicial declaration that a particular function is inherently governmental under a constitutional test would not necessarily preclude the executive branch from contracting out this function. The 110th Congress tasked OMB with reviewing existing definitions of inherently governmental function and developing a "single consistent definition" of this term. Partly in response to this charge, OMB, though the OFPP, issued Policy Letter 11-01. Policy Letter 11-01 adopts the FAIR Act's definition of inherently governmental function, rather than establishing a new definition. However, Policy Letter 11-01 does establish two tests for identifying inherently governmental functions, as well as defines a critical function as one "that is necessary to the agency being able to effectively perform and maintain control of its mission and operations."
Author : United States. Congress. House. Committee on Government Reform
Publisher : Unknown
Page : 952 pages
File Size : 44,8 Mb
Release : 2008
Category : Electronic
ISBN : PSU:000065932643
Author : United States. Congress. House. Committee on Oversight and Government Reform
Publisher : Unknown
Page : 952 pages
File Size : 52,5 Mb
Release : 2008
Category : Electronic
ISBN : PURD:32754081180618
Author : United States. Congress. House. Committee on Government Operations,United States. Congress. House. Committee on Government Reform and Oversight
Publisher : Unknown
Page : 952 pages
File Size : 48,6 Mb
Release : 2007
Category : Calendars
ISBN : UCR:31210018792109
Author : Anonim
Publisher : David Alan Jordan
Page : 2170 pages
File Size : 40,9 Mb
Release : 2024-05-20
Category : Electronic
ISBN : 8210379456XXX
Author : Anonim
Publisher : Unknown
Page : 800 pages
File Size : 48,6 Mb
Release : 1999-06-24
Category : Administrative law
ISBN : UIUC:30112043054318