123STA T . 321 8PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9(4)ident i fyco nt ra ct s t h at sho ul d b e considered for con v er - sion to — ( A ) p erfor m ance by F ederal employees of the e x ecutive a g ency in accordance w ith agency insourcing guidelines re q uired under section 736 of the Financial S ervices and G eneral Government Appropriations Act ,20 0 9 ( P ublic L aw 1 11 –8 , division D )
or ( B ) an alternative acquisition approach that would better enable the agency to efficiently utili z e its assets and achieve its public mission . (f) REPORT O N A C T I ON STAK EN IN RESPONSE TO ANN U A LI N V EN- TOR Y .— N ot later than one year after submitting an annual inven- tory under subsection (a)(3), the head of each executive agency submitting such an inventory shall submit to the O ffice of M anage- ment and Budget a report summarizing the actions ta k en pursuant to subsection (e), including any actions taken to consider and convert functions from contractor to Federal employee performance. The report shall be included as an attachment to the next annual inventory and made publicly available in accordance with subsection (c). (g) SU BM ISSION O F SERVICE C ONTRACT INVENTORY BEFORE PUBLIC-PRIVATE COMPETITION.—Notwithstanding any other provi- sion of law, beginning in fiscal year 2011, if an executive agency has not submitted to the Office of Management and Budget the inventory required under subsection (a)(3) for the prior fiscal year, the agency may not begin, plan for, or announce a study or public- private competition regarding the conversion to contractor perform- ance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A–76 or any other administrative regulation or directive until such time as the inven- tory is submitted for the prior fiscal year. (h) GAO REPORTS ON IMPLEMENTATION.— (1) REPORT ON G UI D ANCE.—Not later than 120 days after submission of the report by the Director of the Office of Manage- ment and Budget required under subsection (a)(2), the Comp- troller General of the U nited States shall report on the guidance issued and actions taken by the Director. The report shall be submitted to the Committee on H omeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives. (2) REPORTS ON INVENTORIES.— (A) INITIAL INVENTORY.—Not later than September 30, 2011, the Comptroller General of the United States shall submit a report to the Committees named in the preceding paragraph on the initial implementation by executive agen- cies of the inventory requirement in subsection (a)(3) with respect to inventories required to be submitted by December 31, 2010. (B) SECOND INVENTORY.—Not later than September 30, 2012, the Comptroller General shall submit a report to the same Committees on annual inventories required to be submitted by December 31, 2011. (3) PERIODIC BRIEFINGS.—The Comptroller General shall provide periodic briefings, as may be requested by the Commit- tees, on matters related to implementation of this section. Ef f ectiv e da te .
