[Congressional Record Volume 161, Number 91 (Tuesday, June 9, 2015)]
[Senate]
[Page S3968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1965. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to 
authorize appropriations for fiscal year 2016 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ASSIGNMENT OF CERTAIN NEW REQUIREMENTS BASED ON 
                   DETERMINATIONS OF COST-EFFICIENCY.

       (a) Amendment.--Chapter 146 of title 10, United States 
     Code, is amended by inserting after section 2463 the 
     following new section:

     ``Sec. 2463a. Assignment of certain new requirements based on 
       determinations of cost-efficiency

       ``(a) Assignments Based on Determinations of Cost-
     efficiency.--(1) Except as provided in paragraph (2) and 
     subject to subsection (b), the assignment of performance of a 
     new requirement by the Department of Defense to members of 
     the armed forces, civilian employees, or contractors shall be 
     based on a determination of which sector of the Department's 
     workforce can perform the new requirement in the most cost-
     efficient manner, based on an analysis of the costs to the 
     Federal Government in accordance with Department of Defense 
     Instruction 7041.04 (`Estimating and Comparing the Full Costs 
     of Civilian and Active Duty Military Manpower and Contract 
     Support') or successor guidance, consistent with the needs of 
     the Department with respect to factors other than cost, 
     including quality, reliability, and timeliness.
       ``(2) Paragraph (1) shall not apply in the case of a new 
     requirement that is inherently governmental, closely 
     associated with inherently governmental functions, critical, 
     or required by law to be performed by members of the armed 
     forces or Department of Defense civilian employees.
       ``(3) Nothing in this section may be construed as affecting 
     the requirements of the Department of Defense under policies 
     and procedures established by the Secretary of Defense under 
     section 129a of this title for determining the most 
     appropriate and cost-efficient mix of military, civilian, and 
     contractor personnel to perform the mission of the Department 
     of Defense.
       ``(b) Waiver During an Emergency or Exigent 
     Circumstances.--The head of an agency may waive subsection 
     (a) for a specific new requirement in the event of an 
     emergency or exigent circumstances, as long as the head of an 
     agency, within 60 days of exercising the waiver, submits to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives notice of the specific new requirement 
     involved, where such new requirement is being performed, and 
     the date on which it would be practical to subject such new 
     requirement to the requirements of subsection (a).
       ``(c) Provisions Relating to Assignment of Civilian 
     Personnel.--If a new requirement is assigned to a Department 
     of Defense civilian employee consistent with the requirements 
     of this section--
       ``(1) the Secretary of Defense may not--
       ``(A) impose any constraint or limitation on the size of 
     the civilian workforce in terms of man years, end strength, 
     full-time equivalent positions, or maximum number of 
     employees; or
       ``(B) require offsetting funding for civilian pay or 
     benefits or require a reduction in civilian full-time 
     equivalents or civilian end-strengths; and
       ``(2) the Secretary may assign performance of such 
     requirement without regard to whether the employee is a 
     temporary, term, or permanent employee.
       ``(d) New Requirement Described.--For purposes of this 
     section, a new requirement is an activity or function that is 
     not being performed, as of the date of consideration for 
     assignment of performance under this section, by military 
     personnel, civilian personnel, or contractor personnel at a 
     Department of Defense component, organization, installation, 
     or other entity. For purposes of the preceding sentence, an 
     activity or function that is performed at such an entity and 
     that is re-engineered, reorganized, modernized, upgraded, 
     expanded, or changed to become more efficient but is still 
     essentially providing the same service shall not be 
     considered a new requirement.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2463 the following new item:

``2463a. Assignment of certain new requirements based on determinations 
              of cost-efficiency.''.
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