12 2 STA T . 21 4PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 ‘ ‘ (F)Adet e rmina ti o n wh ether the c ontract pu r s uant to which the acti v it y is per f ormed is a persona l services contract . ‘‘( G ) A summary of the data re q uired to b e collected for the activity under subsection (a). ‘‘( 2 ) T he inventory required under this subsection shall be sub - mitted in unclassified form , but may include a classified anne x . ‘‘(d) PUBLIC A VA ILABILI TYOFIN V E NTO R IE S . —N ot later than 30 days after the date on which an inventory under subsection (c) is required to be submitted to C on g ress, the S ecretary shall— ‘‘( 1 )ma k e the inventory available to the public
and ‘‘(2) publish in the Federal R egister a notice that the inven- tory is available to the public. ‘‘(e) REVIE W AN D PLANNIN G RE Q UIRE M ENTS.— W ithin 9 0 days after the date on which an inventory is submitted under subsection (c), the Secretary of the military department or head of the D efense Agency responsible for activities in the inventory shall— ‘‘(1) review the contracts and activities in the inventory for which such Secretary or agency head is responsible; ‘‘(2) ensure that— ‘‘(A) each contract on the list that is a personal services contract has been entered into, and is being performed, in accordance with applicable statutory and regulatory requirements; ‘‘( B ) the activities on the list do not include any inher- ently governmental functions; and ‘‘(C) to the maximum extent practicable, the activities on the list do not include any functions closely associated with inherently governmental functions; ‘‘(3) identify activities that should be considered for conver- sion— ‘‘(A) to performance by civilian employees of the Department of Defense pursuant to section 2 46 3 of this title; or ‘‘(B) to an acquisition approach that would be more advantageous to the Department of Defense; and ‘‘(4) develop a plan to provide for appropriate consideration of the conversion of activities identified under paragraph (3) within a reasonable period of time. ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to authori z e the performance of personal services by a contractor except where expressly authorized by a provision of law other than this section. ’ ’; and (3) by adding at the end of subsection (g) (as so redesig- nated) the following new paragraphs
‘‘(3) FUNCTION CLOSELY ASSOCIATED WIT H INHERENTLY GOVERNMENTAL FUNCTIONS.—The term ‘function closely associ- ated with inherently governmental functions’ has the meaning given that term in section 23 8 3(b)(3) of this title. ‘‘(4) INHERENTLY GOVERNMENTAL FUNCTIONS.—The term ‘inherently governmental functions’ has the meaning given that term in section 2383(b)(2) of this title. ‘‘( 5 ) PERSONAL SERVICES CONTRACT.—The term ‘personal services contract’ means a contract under which, as a result of its terms or conditions or the manner of its administration during performance, contractor personnel are sub j ect to the relatively continuous supervision and control of one or more Government officers or employees, except that the giving of Deadlin e . Deadline. F ede r al R e g i st er ,pub li c ati o n.
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