123STA T .690PUBLIC LA W 111 –8—M A R .11 , 2009 considerat ion is g i v en to u sing , on a regu l ar b asis, F ederal e mp lo y ees to per f orm ne w functions and functions t h at are performed by contractors and could be performed by Federal employees .‘ ‘ (B)T he guidelines and procedures re q uired under subparagraph ( A ) may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Federal employees. ‘‘( 2 ) SPECIAL C ONS I D E R A T ION F OR CERTAIN F U NCTIONS. — The guidelines and procedures required under paragraph ( 1 ) shall provide for special consideration to be given to using Federal employees to perform any function that— ‘‘(A) is performed by a contractor and— ‘‘(i) has been performed by Federal employees at any time during the previous 1 0 years
‘‘(ii) is a function closely associated with the performance of an inherently governmental function; ‘‘(iii) has been performed pursuant to a contract awarded on a non - competitive basis; or ‘‘(iv) has been performed poorly, as determined by a contracting officer during the 5 -year period pre- ceding the date of such determination, because of e x ces- sive costs or inferior quality; or ‘‘(B) is a new requirement, with particular emphasis given to a new requirement that is similar to a function previously performed by Federal employees or is a function closely associated with the performance of an inherently governmental function. ‘‘( 3 ) EX CLUSION OF CERTAIN FUNCTIONS FRO M COMPETI- TIONS.—The head of an executive agency may not conduct a public-private competition under O ffice of M anagement and Budget C ircular A –76 or any other provision of law or regula- tion before— ‘‘(A) in the case of a new agency function, assigning the performance of the function to Federal employees; ‘‘(B) in the case of any agency function described in paragraph (2), converting the function to performance by Federal employees; or ‘‘(C) in the case of an agency function performed by Federal employees, expanding the scope of the function. ‘‘( 4 ) D EADLINE.—(A) The head of each executive agency shall implement the guidelines and procedures required under this subsection by not later than 120 days after the date of the enactment of this subsection. ‘‘(B) N ot later than 210 days after the date of the enactment of this subsection, the G overnment Accountability Office shall submit a report on the implementation of this subsection to the Committees on Appropriations of the H ouse of R epresenta- tives and the Senate, the Committee on Oversight and Govern- ment Reform of the House of Representatives, and the Com- mittee on Homeland Security and Governmental Affairs of the Senate. ‘‘(5) DEFINITIONS.— I n this subsection
‘‘(A) The term ‘inherently governmental functions ’ has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation. Reports.
