12 2 STA T .4 411 PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8Subti t leC—Workp l ac ea ndD epot Is sues SEC.321 .C OMPR E H E N S IV E A NA LY SIS AN D DEVELOPMEN T O F SIN G LE GOVERNMENT -W IDE DEFINITION OF INHERENTLY GOVERNMENTAL F U NCTION AND CRITERIA FOR CRITICAL FUNCTIONS. (a)DEV E LOPM E NTA N DI MPLEMENTAT I ON .—The D ir e cto ro f the O ffice of M a n a g e m ent an dBu dget , in con s u l tation w ith a p propriate representati v es of the C hief A c q uisition Officers Council under sec - tion 16 A of the Office of F ederal P rocurement Polic y Act ( 4 1 U . S .C. 414 b ) and the Chief H uman Capital Officers Council under section 14 0 1 of title 5 , United States Code, shall— (1) review the definitions of the term ‘ ‘inherently govern- mental function ’ ’ described in subsection (b) to determine whether such definitions are sufficiently focused to ensure that only officers or employees of the Federal G overnment or mem- bers of the Armed Forces perform inherently governmental functions or other critical functions necessary for the mission of a Federal department or agency
( 2 ) develop a single consistent definition for such term that would— (A) address any deficiencies in the e x isting definitions, as determined pursuant to paragraph (1); (B) reasonably apply to all Federal departments and agencies; and (C) ensure that the head of each such department or agency is able to identify each position within that department or agency that exercises an inherently govern- mental function and should only be performed by officers or employees of the Federal Government or members of the Armed Forces; ( 3 ) develop criteria to be used by the head of each such department or agency to— (A) identify critical functions with respect to the unique missions and structure of that department or agency; and (B) identify each position within that department or agency that, while the position may not exercise an inher- ently governmental function, nevertheless should only be performed by officers or employees of the Federal Govern- ment or members of the Armed Forces to ensure the depart- ment or agency maintains control of its mission and oper- ations; (4) in addition to the actions described under paragraphs (1), (2), and (3), provide criteria that would identify positions within Federal departments and agencies that are to be per- formed by officers or employees of the Federal Government or members of the Armed Forces to ensure that the head of each Federal department or agency— (A) develops and maintains sufficient organic expertise and technical capability; (B) develops guidance to implement the definition of inherently governmental as described in paragraph (2) and the criteria for critical functions as described in paragraph (3) in a manner that is consistent with agency missions and operational goals; and 31USC50 1 note.
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