S.Amdt. 1967

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.''.
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