S.Amdt. 1965

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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