II

106TH CONGRESS

2D SESSION S. 2474

To amend title 10, United States Code, to improve the achievement of

cost-effectiveness results from the decisionmaking on selections between

public workforces and private workforces for the performance of a Department of Defense function.

IN THE SENATE OF THE UNITED STATES

APRIL 26, 2000

Ms. SNOWE (for herself and Mr. SESSIONS) introduced the following bill;

which was read twice and referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to improve the

achievement of cost-effectiveness results from the decisionmaking on selections between public workforces and

private workforces for the performance of a Department

of Defense function.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Defense

5 Cost Management and Accountability Act of 2000’’.
2

•S 2474 IS

1 SEC. 2. MONITORING OF VALUE OF PERFORMANCE OF DE2 PARTMENT OF DEFENSE FUNCTIONS BY

3 WORKFORCES SELECTED FROM BETWEEN

4 PUBLIC AND PRIVATE WORKFORCES.

5 (a) REQUIREMENT FOR SYSTEM.—Chapter 146 of

6 title 10, United States Code, is amended by adding at the

7 end the following:

8 ‘‘§ 2475. Public-private workforce selections: system

9 for monitoring value

10 ‘‘(a) SYSTEM FOR MONITORING PERFORMANCE.—(1)

11 The Secretary of Defense shall establish a system for mon12 itoring the performance of functions of the Department

13 of Defense that—

14 ‘‘(A) are performed by 50 or more employees of

15 the department; and

16 ‘‘(B) have been subjected to a workforce review.

17 ‘‘(2) In this section, the term ‘workforce review’, with

18 respect to a function, is a review to determine whether

19 the function should be performed by a workforce composed

20 of Federal Government employees or by a private sector

21 workforce, and includes any review for that purpose that

22 is carried out under, or is associated with, the following:

23 ‘‘(A) Office of Management and Budget Cir24 cular A–76.

25 ‘‘(B) A strategic sourcing.

26 ‘‘(C) A base closure or realignment.
3

•S 2474 IS

1 ‘‘(D) Any other reorganization or reengineering

2 of an organization.

3 ‘‘(b) PERFORMANCE MEASUREMENTS.—The system

4 for monitoring the performance of a function shall provide

5 for the measurement of the costs and benefits resulting

6 from the selection of one workforce over the other work7 force pursuant to a workforce review, as follows:

8 ‘‘(1) The costs incurred.

9 ‘‘(2) The savings derived.

10 ‘‘(3) The value of the performance by the se11 lected workforce measured against the costs of the

12 performance of that function by the workforce per13 forming the function as of the beginning of the

14 workforce review, as the workforce then performing

15 the function was organized.

16 ‘‘(c) ANNUAL REPORT.—The Secretary shall submit

17 to Congress, not later than February 1 of each fiscal year,

18 a report on the measurable value of the performance dur19 ing the preceding fiscal year of the functions that have

20 been subjected to a workforce review, as determined under

21 the monitoring system established under subsection (a).

22 The report shall display the findings separately for each

23 of the armed forces and for each Defense Agency.

24 ‘‘(d) CONSIDERATION IN PREPARATION OF FUTURE25 YEARS DEFENSE PROGRAM.—In preparing the future-
4

•S 2474 IS

1 years defense program under section 221 of this title, the

2 Secretary of Defense shall, for the fiscal years covered by

3 the program, estimate and take into account the costs to

4 be incurred and the savings to be derived from the per5 formance of functions by workforces selected in workforce

6 reviews. The Secretary shall consider the results of the

7 monitoring under this section in making the estimates.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of such chapter is amended by adding

10 at the end the following:

‘‘2475. Public-private workforce selections: system for monitoring value.’’.

11 SEC. 3. ADVANCE CONGRESSIONAL NOTIFICATION OF CON12 VERSIONS.

13 (a) CERTIFICATION OF NONCONSIDERATION OF PER14 SONNEL LIMITATIONS.—Paragraph (1) of section 2461(c)

15 of title 10, United States Code, is amended—

16 (1) by redesignating subparagraphs (C), (D),

17 and (E) as subparagraphs (D), (F) and (G); and

18 (2) by inserting after subparagraph (B), the

19 following new subparagraph (C):

20 ‘‘(C) The Secretary’s certification that the fac21 tors considered in the examinations performed under

22 subsection (b)(3), and in the making of the decision

23 to change performance, did not include any predeter24 mined personnel constraint or limitation in terms of
5

•S 2474 IS

1 man years, end strength, full-time equivalent posi2 tions, or maximum number of employees.’’.

3 (b) SUBMISSION OF LOCAL ECONOMIC IMPACT

4 STUDY.—Such paragraph (1), as amended by subsection

5 (a), is further amended by inserting after subparagraph

6 (D) the following new subparagraph (E):

7 ‘‘(E) A statement of the potential economic ef8 fect of the change on each affected local community,

9 as determined in the examination under subsection

10 (b)(3)(B)(ii).’’.

Æ