Mikulski Sign-On Letter Establishes Excellent Foundation for the Rewrite of 'Inherently Governmental'

WASHINGTON, March 22 /PRNewswire-USNewswire/ -- AFGE saluted Senator Barbara Mikulski (D-MD) for her leadership in the effort to redefine the legal term "inherently governmental."  Numerous reports have documented that agencies regularly contract out functions that should only be performed by federal employees, including supervising contractors, developing budgets and regulations, making eligibility determinations, and conducting health and safety inspections. As part of the effort to address this serious problem, the Office of Management and Budget has been tasked with proposing a new definition of "inherently governmental."

"Senator Mikulski, consistent with her courageous leadership on sourcing issues, has put the 'inherently governmental' redefinition on the right path," declared AFGE National President John Gage. "Following her six-point plan will ensure that a multitude of murky private interests are finally subordinated to the public interest in the effective and reliable provision of important federal services.  AFGE is proud to have been the federal employees union that supported this important initiative."

"Expanding the definition of 'inherently governmental' and establishing a presumption in favor of in-house performance with respect to 'closely associated with inherently governmental' and 'critical' functions are key to Senator Mikulski's approach," observed Gage.  "However, it's her understanding of the realities of the federal workplace that makes this effort so significant.  For example, as she argues so persuasively, recommendations that contribute significantly to final decisions should be reserved exclusively for federal employees, particularly when there is insufficient time or expertise to adequately review contractor recommendations.

"Moreover, the definition of 'inherently governmental' addresses only one part of the problem," continued Gage. "As Senator Mikulski points out, it is imperative that we identify contracts that include functions that should be reserved for federal employee performance, through reliable and comprehensive service contractor inventories, and then expeditiously insource those functions.  Clearly, OMB would do well to heed the wise counsel of Senator Mikulski and her esteemed colleagues."

Among the 10 distinguished signatories to the letter sponsored by Senator Mikulski are the Chair of the Health, Education, Labor, and Pensions Committee; the Chair of the Financial Services Appropriations Subcommittee; the Chair of the Homeland Security Appropriations Subcommittee; the Chair of the Judiciary Committee; and the Chair of the Transportation and Housing and Urban Development Appropriations Subcommittee.

SOURCE American Federation of Government Employees