
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(a)(21)]
[Document affected by Public Law 107-107 Section 1048(c)(11)]
[CITE: 10USC2461a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
   CHAPTER 146--CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR 
                        INDUSTRIAL TYPE FUNCTIONS
 
Sec. 2461a. Development of system for monitoring cost savings 
        resulting from workforce reductions
        
    (a) Workforce Review Defined.--In this section, the term ``workforce 
review'', with respect to a function of the Department of Defense 
performed by Department of Defense civilian employees, means a review 
conducted under Office of Management and Budget Circular A-76 (or any 
successor administrative regulation or policy), the Strategic Sourcing 
Program Plan of Action (or any successor Department of Defense guidance 
or directive), or any other authority to determine whether the 
function--
        (1) should be performed by a workforce composed of Department of 
    Defense civilian employees or by a private sector workforce; or
        (2) should be reorganized or otherwise reengineered to improve 
    the effeciency\1\ or effectiveness of the performance of the 
    function, with a resulting decrease in the number of Department of 
    Defense civilian employees performing the function.
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    \1\ So in original.

    (b) System for Monitoring Performance.--(1) The Secretary of Defense 
shall establish a system for monitoring the performance, including the 
cost of performance, of each function of the Department of Defense that, 
after the date of the enactment of this section, is the subject of a 
workforce review.
    (2) The monitoring system shall be designed to compare the 
following:
        (A) The costs to perform a function before the workforce review 
    to the costs actually incurred to perform the function after 
    implementing the conversion, reorganization, or reengineering 
    actions recommended by the workforce review.
        (B) The anticipated savings to the actual savings, if any, 
    resulting from conversion, reorganization, or reengineering actions 
    undertaken in response to the workforce review.

    (3) The monitoring of a function shall continue under this section 
for at least five years after the conversion, reorganization, or 
reengineering of the function.
    (c) Waiver for Certain Workforce Reviews.--Subsection (b) shall not 
apply to a workforce review that would result in a manpower reduction 
affecting fewer than 50 Department of Defense civilian employees.
    (d) Annual Report.--Not later than February 1 of each fiscal year, 
the Secretary of Defense shall submit to Congress a report on the 
results of the monitoring performed under the system established under 
subsection (b). For each function subject to monitoring during the 
previous fiscal year, the report shall indicate the following:
        (1) The cost of the workforce review.
        (2) The cost of performing the function before the workforce 
    review compared to the costs incurred after implementing the 
    conversion, reorganization, or reengineering actions recommended by 
    the workforce review.
        (3) The actual savings derived from the implementation of the 
    recommendations of the workforce review, if any, compared to the 
    anticipated savings that were to result from the conversion, 
    reorganization, or reengineering actions.

    (e) Consideration in Preparation of Future-Years Defense Program.--
In preparing the future-years defense program under section 221 of this 
title, the Secretary of Defense shall, for the fiscal years covered by 
the program, estimate and take into account the costs to be incurred and 
the savings to be derived from the performance of functions by 
workforces selected in workforce reviews. The Secretary shall consider 
the results of the monitoring under this section in making the 
estimates.

(Added Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 354(a)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-73.)

                       References in Text

    The date of the enactment of this section, referred to in subsec. 
(b)(1), is the date of enactment of Pub. L. 106-398, which was approved 
Oct. 30, 2000.
