Federal Activities Inventory Reform Act of 1998
Author | : United States |
Publisher | : |
Total Pages | : 6 |
Release | : 1998 |
Genre | : Administrative agencies |
ISBN | : |
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Author | : United States |
Publisher | : |
Total Pages | : 6 |
Release | : 1998 |
Genre | : Administrative agencies |
ISBN | : |
Author | : United States. Congress. House. Committee on Government Reform. Subcommittee on Government Management, Information, and Technology |
Publisher | : |
Total Pages | : 196 |
Release | : 2000 |
Genre | : Business & Economics |
ISBN | : |
Author | : United States |
Publisher | : |
Total Pages | : 72 |
Release | : 1998 |
Genre | : Block grants |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 49 |
Release | : 2000 |
Genre | : |
ISBN | : |
The Federal Activities Inventory Reform (FAIR) Act of 1998 directs agencies to develop annual inventories of the activities performed by their employees that are not inherently governmental.1 Interested parties, as defined by the act, may challenge agencies' inventories based on "an omission of a particular activity from, or an inclusion of a particular activity on" an inventory, and appeal adverse agencies' decisions.2 In essence, the FAIR Act codified a requirement already set forth in the Office of Management and Budget's (0MB) Circular A-76 for agencies to inventory their commercial activities. The FAIR Act provided for, beginning in 1999, public notice of these inventories' availability; challenges by interested parties over the inclusion or exclusion of activities on inventories; and agency heads' reviews of these inventories. Agencies' responses to the issues interested parties raised in their challenges and appeals, as well as the usefulness of FAIR Act inventory information, will affect the future implementation of this act and the extent to which the inventories might provide information to agencies that they could use to help improve how efficiently they perform their activities.
Author | : Congressional Research Congressional Research Service |
Publisher | : CreateSpace |
Total Pages | : 28 |
Release | : 2014-12-23 |
Genre | : |
ISBN | : 9781505875515 |
Functions that federal law and policy require to be performed by government personnel, not contractor employees, are known as "inherently governmental functions." Such functions have been a topic of interest in recent Congresses, in part, because of questions about sourcing policy (i.e., whether specific functions should be performed by government personnel or contractor employees). There have also been questions about the various definitions of inherently governmental function given in federal law and policy and, particularly, whether the existence of multiple definitions of this term may have resulted in contractor employees performing functions that should be performed by government personnel. Two primary definitions of inherently governmental function currently exist in federal law and policy. One is a statutory definition, enacted as part of the Federal Activities Inventory Reform (FAIR) Act of 1998. This definition states that an inherently governmental function is "a function so intimately related to the public interest as to require performance by Federal Government employees." The other is a policy-oriented definition contained in Office of Management and Budget (OMB) Circular A-76. This definition states that an inherently governmental activity is "an activity that is so intimately related to the public interest as to mandate performance by government personnel." These two definitions arguably do not differ significantly in and of themselves. However, both the FAIR Act and OMB Circular A-76 include further elaboration and expansion upon the meaning of inherently governmental function that differ in certain ways. Other statutes, regulations and guidance documents that define inherently governmental function do so either by reproducing the language of the FAIR Act or OMB Circular A-76, or by incorporating their definitions by reference. Most notably, the Federal Acquisition Regulation (FAR) incorporates by reference or otherwise adopts the definition of OMB Circular A-76, while Office of Federal Procurement Policy (OFPP) Policy Letter 11-01, discussed below, adopts the FAIR Act's definition. However, like the FAIR Act and OMB Circular A-76, both the FAR and Policy Letter 11-01 also include some unique elaboration and expansion upon the term. In addition to these definitions, there are numerous statutory, regulatory, and policy provisions designating specific functions as inherently governmental or, alternatively, commercial. (A commercial function is one that could be performed by contractor employees, although there is generally no requirement that contractor employees perform commercial functions.) Such designations also help establish the meaning of inherently governmental function by specifying what is-and is not-included within this category. Similarly, while not offering their own definitions of inherently governmental function, the Government Accountability Office (GAO) and the federal courts have developed tests that they use in identifying specific functions as inherently governmental or commercial. However, a judicial declaration that a particular function is inherently governmental under a constitutional test would not necessarily preclude the executive branch from contracting out this function. The 110th Congress tasked OMB with reviewing existing definitions of inherently governmental function and developing a "single consistent definition" of this term. Partly in response to this charge, OMB, though the OFPP, issued Policy Letter 11-01. Policy Letter 11-01 adopts the FAIR Act's definition of inherently governmental function, rather than establishing a new definition. However, Policy Letter 11-01 does establish two tests for identifying inherently governmental functions, as well as defines a critical function as one "that is necessary to the agency being able to effectively perform and maintain control of its mission and operations."
Author | : United States. Congress. Senate. Committee on Governmental Affairs |
Publisher | : |
Total Pages | : 20 |
Release | : 1998 |
Genre | : Administrative agencies |
ISBN | : |
Author | : United States. Congress. House. Committee on Government Reform. Subcommittee on Government Management, Information, and Technology |
Publisher | : |
Total Pages | : 184 |
Release | : 2000 |
Genre | : Business & Economics |
ISBN | : |
Author | : United States. Congress. House. Committee on Government Reform and Oversight. Subcommittee on Government Management, Information, and Technology |
Publisher | : |
Total Pages | : 126 |
Release | : 1999 |
Genre | : Business & Economics |
ISBN | : |
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : United States. Office of Management and Budget |
Publisher | : |
Total Pages | : 14 |
Release | : 1983 |
Genre | : Budget |
ISBN | : |
"This Circular establishes Federal policy regarding the performance of commercial activities," i.e., Federal policy on whether government agencies should produce goods and services in-house or contract them out to commercial sources. Cf. pp. 1-2.