[Page S5260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3756. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 2410, to authorize appropriations for fiscal year 
2015 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 subtitle B of title IX, add the following:

     SEC. 912. 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 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.
       ``(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 military personnel or 
     civilian personnel.
       ``(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 Authority.--(1) 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--
       ``(A) 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
       ``(B) a period of 30 days has expired after such 
     certification is so submitted to the committees.
       ``(2) A waiver of subsection (a) may be in effect for a 
     period of not greater than 180 days.
       ``(3) The waiver authority under this subsection may not be 
     exercised after September 30, 2015.
       ``(c) Provisions Relating to Assignment of Civilian 
     Personnel.--If a new requirement is assigned to civilian 
     personnel 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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