12 2 STA T .6 1 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 ‘ ‘ (2)isanewr e qu ire m en t, wit hp arti c u l ar emphasis g i v en t o a new requirement that is similar to a f unction previousl y performe db y D epartment of Defense civilian employees or is a function closely associated with the performance of an inher - ently governmental function . ‘‘(c) EXCLUSION O FCERTA IN F UNCTIONS FRO M COM P ETITIONS. —T he S ecretary of Defense may not conduct a public-private competi- tion under this chapter, O ffice of M anagement and B udget Circular A–76 , or any other provision of law or regulation before— ‘‘( 1 ) in the case of a new Department of Defense function, assigning the performance of the function to Department of Defense civilian employees
‘‘(2) in the case of any Department of Defense function described in subsection (b), converting the function to perform- ance by Department of Defense civilian employees; or ‘‘( 3 ) in the case of a Department of Defense function per- formed by Department of Defense civilian employees, e x panding the scope of the function. ‘‘(d) U SE OF FLEXI B LE H IRIN G AUT H ORIT Y .—(1) The Secretary of Defense may use the flexible hiring authority available to the Secretary under the N ational Security P ersonnel System, as estab- lished pursuant to section 9 9 0 2 of title 5 , to facilitate the perform- ance by Department of Defense civilian employees of functions described in subsection (b). ‘‘(2) The Secretary shall ma k e use of the inventory required by section 2330a(c) of this title for the purpose of identifying func- tions that should be considered for performance by Department of Defense civilian employees pursuant to subsection (b). ‘‘(e) DEFINITIONS.— I n this section the term ‘functions closely associated with inherently governmental functions ’ has the meaning given that term in section 23 8 3(b)(3) of this title.’’. (2) CLERICAL AMEN D MENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2 4 62 the following new item
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‘ 2463.Guidel i n e sa nd proc edures f oruseofci v ilian e m plo y ees t o perform D epart - ment of Defense functions. ’ ’. (3) DEADLINE FOR ISSUANCE OF GUIDELINES AND PROCE- DURES.—The Secretary of Defense shall implement the guide- lines and procedures required under section 2463 of title 10, United States Code, as added by paragraph (1), by not later than 60 days after the date of the enactment of this Act. (b) INSPECTOR G ENERAL R EPORT.—Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report on the implementation of this section and the amendments made by this section. (c) CONFORMING REPEAL.—The National Defense Authori z ation Act for Fiscal Y ear 2006 (Public L aw 109–163) is amended by striking section 343. SEC.325 . R ES T R I CTI ON ONO F FICE OF MA NA G EMENT AN DBU DGET INF L UENCE O V ER DE P ARTMENT OF DEFENSE PUBLIC - PRIVATE COMPETITIONS. (a) RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET.— The Office of Management and Budget may not direct or require the Secretary of Defense or the Secretary of a military department to prepare for, undertake, continue, or complete a public-private 10USC246 1 note. 10 USC 2461 note. 10 USC 246 3 note. I n v ento ry .
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