Sec. 913. Assignment of certain new requirements based on determinations of cost-efficiency
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Chapter 146 of title 10, United States Code, is amended by inserting after section 2463 the following new section: 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 military personnel, civilian personnel, or contractor personnel shall be based on a determination of which sector of the Department’s workforce can perform the services 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. 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 military personnel or civilian personnel. 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. Notwithstanding subsection (a), the Secretary of a military department, the commander of a combatant command, or the head of a Defense Agency or activity may waive such subsection and assign performance of a new requirement without a determination of cost-efficiency as required by such subsection if— the Secretary, commander, or head certifies in writing to the congressional defense committees that the time required to conduct the determination of cost-efficiency would result in a gap in service that would significantly undermine performance of the mission of the Department of Defense or pose an unacceptable risk; and a period of 30 days has expired after such certification is so submitted to the committees. A waiver of subsection
(a)may be in effect for a period of not greater than 180 days. The waiver authority under this subsection may not be exercised after September 30, 2015. If a new requirement is assigned to civilian personnel consistent with the requirements of this section— the Secretary of Defense may not— 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 require offsetting funding for civilian pay or benefits or require a reduction in civilian full-time equivalents or civilian end-strengths; and the Secretary may assign performance of such requirement without regard to whether the employee is a temporary, term, or permanent employee. 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. . 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. .