S.Amdt. 1794

1. Adds SEC. 1107. REVIEW OF SPECIAL CONSIDERATION GIVEN TO USING CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE TO PERFORM FUNCTIONS CRITICAL TO NATIONAL SECURITY at the end of title XI

   Adds a section

   In S. 1390 · Placed on Calendar Senate

   (B) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.

   Inserted: SEC. 1107. REVIEW OF SPECIAL CONSIDERATION GIVEN TO USING CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE TO PERFORM FUNCTIONS CRITICAL TO NATIONAL SECURITY.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) Over the past decade, the number of contractors working for the Department of Defense has increased from the headquarters level down to installations in the United States and overseas.

   Inserted: (2) Those contractors perform a multitude of functions, ranging from logistical support, maintenance, medical services, administrative functions, and security operations.

   Inserted: (3) Training installations have seen an exceptionally significant increase in the use of a contractors.

   Inserted: (4) Work stoppages by contractors have a direct impact on the ability of Department of Defense to carry out its organizational missions.

   Inserted: (5) The 110th and 111th Congresses have enacted several laws to address the performance of inherently governmental functions by contractors.

   Inserted: (6) An inherently governmental function is one that, as a matter of law and policy, must be performed by employees of the Federal Government and not contractors because it is intimately related to the public interest.

   Inserted: (7) The inability of the Department of Defense to carry out its organizational missions as a result of such work stoppages affects military readiness and jeopardizes national security.

   Inserted: (b) Report Required.--

   Inserted: (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing a review of the special consideration given to using civilian employees of the Department of Defense instead of contractors to perform certain functions under section 2463(b) of title 10, United States Code.

   Inserted: (2) Elements.--The report required by paragraph (1) shall include an assessment of the following:

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   Inserted: (A) The effect of using private contractors on the ability of a military installation to accomplish its mission.

   Inserted: (B) The benefit of providing the Department of Defense with the flexibility to make decisions that are related to essential missions with respect to the use of civilian employees of the Department of Defense.

   Inserted: (C) The impact on missions of the Department of Defense resulting from contractor work stoppages, including--

   Inserted: (i) the average and total cost of such work stoppages;

   Inserted: (ii) the average and total training days lost as a result of such work stoppages;

   Inserted: (iii) the cumulative effect of such work stoppages on the organizational mission of the Department of Defense; and

   Inserted: (iv) the effects of such work stoppages on combat operations and deployments.

   Original wording

   At the end of title XI, add the following:

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As printed