Inherently Governmental Functions and Department of Defense Operations: Background, Issues, and Options for Congress

Abstract

An "inherently governmental function" is one that, as a matter of law and policy, must be performed by federal government employees and cannot be contracted out because it is "intimately related to the public interest." Concerned that the existence of multiple and/or inconsistent definitions of "inherently governmental functions" might be partly responsible for the alleged contracting out of inherently governmental functions by the Department of Defense (DOD) and other agencies, the 110th Congress enacted legislation (P.L. 110-417) requiring the Office of Management and Budget (OMB) to develop a "single consistent definition" of "inherently governmental functions." This definition is to "ensure that the head of each ... agency is able to identify each position within that department or agency that exercises an inherently governmental function." By statute, OMB is to report on its definition by October 14, 2009.

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Document Details

Document Type
Technical Report
Publication Date
Jun 22, 2009
Accession Number
ADA501486

Entities

People

  • John R. Luckey
  • Kate M. Manuel
  • Valerie B. Grasso

Organizations

  • Library of Congress

Tags

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  • Biomedical
  • Ground and Sea Platforms
  • Human Systems
  • Weapons Technologies

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  • Department Of Defense
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  • Management Personnel
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Readers

  • Government Contracting/Procurement.