12 2 STA T .4 412 PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8(C)dev e lopsgui d anc e t o m anage inte r nal decisions regarding sta f fing in an integrated manner to ensure offi - cers or emplo y eesoft h e F ederal G overnment or mem b ers of the A rmed Forces are filling critical management roles by identifying — (i) functions , activities, or positions, or some com- bination thereof, or (ii) additional mechanisms and factors, including the management or oversight of a w arded contracts, statutory mandates, and international obligations
and ( 5 ) solicit the views of the public regarding the matters identified in this section . (b) DEFIN I T I O N S OF I N H E R ENT LY GO V ERN M ENT A LF U N C TION.— T he definitions of inherently governmental function described in this subsection are the definitions of such term that are contained in— ( 1 ) the Federal Activities Inventory R eform Act of 1 9 9 8 ( P ublic L aw1 0 5 –27 0; 3 1 U . S .C. 501 note); (2) section 2383 of title 10, United States Code; (3) O ffice of M anagement and B udget Circular A–7 6
( 4 ) the Federal Ac q uisition Regulation; and (5) any other relevant Federal law or regulation, as deter- mined by the Director of the Office of Management and Budget in consultation with the Chief Acquisition Officers Council and the Chief H uman Capital Officers Council. (c) RE P ORT TO CON G RESS.— N ot later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Officers Council, shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Homeland Security and Governmental Affairs in the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report on the actions ta k en by the Director under this section. Such report shall contain each of the following
(1) A description of the actions taken by the Director under this section to develop a single definition of inherently govern- mental function and criteria for critical functions. (2) Such legislative recommendations as the Director deter- mines are necessary to further the purposes of this section. (3) A description of such steps as may be necessary— (A) to ensure that the single definition and criteria developed under this section are consistently applied through all Federal regulations, circulars, policy letters, agency guidance, and other documents; (B) to repeal any e x isting Federal regulations, circular, policy letters, agency guidance and other documents deter- mined to be superseded by the definition and criteria devel- oped under this section; and (C) to develop any necessary implementing guidance under this section for agency staffing and contracting decisions, along with appropriate milestones. (d) REGULATIONS.—Not later than 180 days after submission of the report required by subsection (c), the Director of the Office of Management and Budget shall issue regulations to implement actions taken under this section to develop a single definition of inherently governmental function and criteria for critical functions. Deadlin e .
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