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Office of Management and Budget

Upcoming Rules Pursuant to the Patient Protection and Affordable Care Act

Posted Thu, 01/13/2011 - 01:00

Congress delegates rulemaking authority to agencies for a variety of reasons, and in a variety of ways. The Patient Protection and Affordable Care Act (PPACA, P.L. 111-148) is a particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. A previous CRS report identified more than 40 provisions in PPACA that require or permit the issuance of rules to implement the legislation.

Inherently Governmental Functions and Other Work Reserved for Performance by Federal Government Employees: The Obama Administration's Proposed Policy

Posted Fri, 10/01/2010 - 00:00

On March 31, 2010, the Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) issued a proposed policy letter on inherently governmental functions and other "work reserved for performance by federal government employees." While not final, the policy letter represents the Obama Administration's proposed guidance for agencies determining (1) whether particular functions are inherently governmental and (2) when functions closely associated with the performance of inherently governmental functions and critical functions should be performed by government personne

Issues Regarding a National Land Parcel Database

Posted Wed, 07/22/2009 - 00:00

The federal governments efforts to coordinate its geospatial activities, through the Federal Geographic Data Committee (FGDC) and the development of the National Spatial Data Infrastructure (NSDI), include a strong emphasis on land parcel data. Land parcel databases (or cadastres) describe the rights, interests, and value of property. Ownership of land parcels is an important part of the legal, financial, and real estate system of a society.

Inherently Governmental Functions and Department of Defense Operations

Posted Mon, 06/22/2009 - 00:00

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. Concerned that the existence of multiple and/or inconsistent definitions of inherently governmental functions might be partly responsible for the alleged contracting out of inherently governmental functions by the Department of Defense (DOD) and other agencies, the 110th Congress enacted legislation (P.L.