CRS on 'Inherently Governmental Functions'
The Congressional Research Service (CRS) has issued a report on Inherently Governmental Functions and Department of Defense Operations (report number R40641), 22 June 2009. From the report summary:
An inherently governmental function is one that, as a matter of law and policy, must be performed by federal government employees and cannot be contracted out because it is intimately related to the public interest...
Congress has several options if it is concerned that deficiencies in the existing definitions of inherently governmental functions may lead agencies to improperly contract out inherently governmental functions. Options include (1) relying upon recent statutory changes and/or the policies of the Obama Administration, which proposes to limit contracting out generally, to effect desired changes in agency contracting; (2) changing the existing definition of inherently governmental functions; (3) placing limits on contracting out or use of appropriated funds; (4) addressing structural factors potentially prompting agencies to rely on contractors; (5) providing for more effective oversight of executive branch contracting decisions; and (6) focusing more on questions of contracting policy (i.e., what functions should the government perform?) than on contracting law (i.e., what functions must the government perform?).
The full report is available from OpenCRS.com; CRS does not provide direct public access to its reports.
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