INHERENTLY GOVERNMENTAL FUNCTIONS; INHERENTLY GOVERNMENTAL FUNCTIONS; CONTENTS; PREFACE; Chapter 1 INHERENTLY GOVERNMENTAL FUNCTIONS AND DEPARTMENT OF DEFENSE OPERATIONS: BACKGROUND, ISSUES AND OPTIONS FOR CONGRESS; SUMMARY; INTRODUCTION; BACKGROUND; The Constitutional Grounding for the Public/Private Debate; The Public/Private Debate Surrounding Federal Contracting; Roosevelt Administration; Truman Administration; Eisenhower Administration; Reagan and George H.W. Bush Administrations; Clinton and George W. Bush Administrations; Obama Administration, CURRENT DEFINITIONS OF "INHERENTLY GOVERNMENTAL FUNCTIONS"Statutory Definitions and Declarations; The FAIR Act; Other Statutory Definitions; Statutory Declarations of Specific Functions as Inherently Governmental; Policy-Based Definitions and Declarations; OMB Circular A-76; OFPP Letter 92-1; DODI 1100.22; Administrative Law Provisions and Declarations; Federal Acquisition Regulation; Defense Federal Acquisition Regulation Supplement; Executive Orders; GAO Decisions; Judicial Decisions; ISSUES AND OPTIONS FOR CONGRESS, Reliance on Prior Statutory Changes and/or Policies of the Obama AdministrationAmending the Definition of "Inherently Governmental Functions"; Standardizing the Definition of "Inherently Governmental Functions"; Replacing "Inherently Governmental Functions" with Another Construct; Defining Other Terms Related to "Inherently Governmental Functions" and Prohibiting Contracting Them Out; Clarifying Terms within the Existing Definition of Inherently Governmental Functions; Potential Limitations of Definitional Changes; Placing Limits on Contracting Out Or Use of Appropriated Funds, Addressing Structural Factors Prompting Agencies to Rely on ContractorsMore Effective Oversight of Executive Branch Contracting Decisions; Focusing on Questions of Contracting Policy; APPENDIX A. EXAMPLES OF CONGRESSIONAL AND EXECUTIVE BRANCH INTERACTIONS IN DEFINING INHERENTLY GOVERNMENTAL FUNCTIONS DURING THE 1980S; Appropriations Riders; General Prohibitions on Contracting Out; Prohibitions on Contracting Out Specific Functions; Requiring Agencies to Meet Certain Conditions Prior to Contracting Out; Specifying Procedures for Contracting Out, and Codifying Restrictions from Appropriations RidersPermanent Laws; APPENDIX B. FACTORS USED IN DETERMINING WHETHER A FUNCTION IS INHERENTLY GOVERNMENTAL UNDER OMB CIRCULAR A-76; APPENDIX C. FUNCTIONS PERFORMED BY MILITARY PERSONNEL AS CLASSIFIED BY DODI 1100.22; APPENDIX D. FUNCTIONS PERFORMED BY DOD CIVILIAN EMPLOYEES AS CLASSIFIED BY DODI 1100.22; APPENDIX E. INHERENTLY GOVERNMENTAL FUNCTIONS AND FUNCTIONS APPROACHING INHERENTLY GOVERNMENTAL AS CLASSIFIED BY THE FAR; APPENDIX F. FUNCTIONS RECOGNIZED AS INHERENTLY GOVERNMENTAL OR COMMERCIAL BY THE GAO
