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‘‘(A) modified, reorganized, divided, or in any 
way changed for the purpose of exempting the con-
version of the function from the requirements of this 
section; or 
‘‘(B) converted to performance by a contractor 
to circumvent a civilian personnel ceiling. 
‘‘(b) REQUIREMENT TO CONSULT EMPLOYEES.—(1) 
Each civilian employee of an executive agency responsible 
for determining under Office of Management and Budget 
Circular A–76 whether to convert to contractor perform-
ance any function of the executive agency— 
‘‘(A) shall, at least monthly during the develop-
ment and preparation of the performance work 
statement and the management efficiency study used 
in making that determination, consult with civilian 
employees who will be affected by that determination 
and consider the views of such employees on the de-
velopment and preparation of that statement and 
that study; and 
‘‘(B) may consult with such employees on other 
matters relating to that determination. 
‘‘(2)(A) In the case of employees represented by a 
labor organization accorded exclusive recognition under 
section 7111 of title 5, consultation with representatives
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of that labor organization shall satisfy the consultation re-
quirement in paragraph (1). 
‘‘(B) In the case of employees other than employees 
referred to in subparagraph (A), consultation with appro-
priate representatives of those employees shall satisfy the 
consultation requirement in paragraph (1). 
‘‘(C) The head of each executive agency shall pre-
scribe regulations to carry out this subsection. The regula-
tions shall include provisions for the selection or designa-
tion of appropriate representatives of employees referred 
to in paragraph (2)(B) for purposes of consultation re-
quired by paragraph (1). 
‘‘(c) CONGRESSIONAL NOTIFICATION.—(1) Before 
commencing a public-private competition under subsection 
(a), the head of an executive agency shall submit to Con-
gress a report containing the following: 
‘‘(A) The function for which such public-private 
competition is to be conducted. 
‘‘(B) The location at which the function is per-
formed by agency civilian employees. 
‘‘(C) The number of agency civilian employee 
positions potentially affected. 
‘‘(D) The anticipated length and cost of the 
public-private competition, and a specific identifica-
tion of the budgetary line item from which funds will
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be used to cover the cost of the public-private com-
petition. 
‘‘(E) A certification that a proposed perform-
ance of the function by a contractor is not a result 
of a decision by an official of an executive agency to 
impose predetermined constraints or limitations on 
such employees in terms of man years, end 
strengths, full-time equivalent positions, or max-
imum number of employees. 
‘‘(2) The report required under paragraph (1) shall 
include an examination of the potential economic effect of 
performance of the function by a contractor on— 
‘‘(A) agency civilian employees who would be af-
fected by such a conversion in performance; and 
‘‘(B) the local community and the Government, 
if more than 50 agency civilian employees perform 
the function. 
‘‘(3)(A) A representative individual or entity at a fa-
cility where a public-private competition is conducted may 
submit to the head of the executive agency an objection 
to the public private competition on the grounds that the 
report required by paragraph (1) has not been submitted 
or that the certification required by paragraph (1)(E) is 
not included in the report submitted as a condition for 
the public private competition. The objection shall be in