[Congressional Record Volume 161, Number 91 (Tuesday, June 9, 2015)]
[Senate]
[Page S3969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1967. Mr. CASEY (for himself and Ms. Murkowski) 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 end of title IX, add the following:

     SEC. 904. GUIDELINES FOR CONVERSION OF FUNCTIONS PERFORMED BY 
                   CIVILIAN OR CONTRACTOR PERSONNEL TO PERFORMANCE 
                   BY MILITARY PERSONNEL.

       Section 129a of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g) Guidelines for Performance of Certain Functions by 
     Military Personnel.--(1) Except as provided in paragraph (2), 
     no functions performed by civilian personnel or contractors 
     may be converted to performance by military personnel 
     unless--
       ``(A) there is a direct link between the functions to be 
     performed and a military occupational specialty; and
       ``(B) the conversion to performance by military personnel 
     is cost effective, based on Department of Defense instruction 
     7041.04 (or any successor administrative regulation, 
     directive, or policy).
       ``(2) Paragraph (1) shall not apply to the following 
     functions:
       ``(A) Functions required by law or regulation to be 
     performed by military personnel.
       ``(B) Functions related to--
       ``(i) missions involving operation risks and combatant 
     status under the law of war;
       ``(ii) specialized collective and individual training 
     requiring military-unique knowledge and skills based on 
     recent operational experience;
       ``(iii) independent advice to senior civilian leadership in 
     the Department of Defense requiring military-unique knowledge 
     and skills based on recent operational experience; and
       ``(iv) command and control arrangements under chapter 47 of 
     this title (the Uniform Code of Military Justice).
       ``(3) A function being performed by civilian personnel or 
     contractors may not be--
       ``(A) modified, reorganized, divided, expanded, or in any 
     way changed for the purpose of exempting a conversion of the 
     function from the requirements of this subsection; or
       ``(B) converted to performance by military personnel 
     because of a civilian personnel ceiling.
       ``(4) A conversion of performance is covered by this 
     subsection only if the conversion changes performance of a 
     function designated for performance by civilian personnel or 
     contractors to performance by military personnel for a period 
     in excess of 30 days.
       ``(5) The requirements of this subsection may be waived by 
     the head of an agency for a specific function in the event of 
     an emergency or exigent circumstances if theH ead of the 
     agency notifies the Committees on Armed Services of the 
     Senate and the House of Representatives that the specific 
     function designated for performance by civilian personnel or 
     contractors will instead be performed by military personnel 
     because of an emergency or exigent circumstances. The period 
     of any waiver under this paragraph with respect to a specific 
     function may not exceed 90 days.''.
                                 ______