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identified under paragraph (2). The plan shall
include—
(A) specific recruiting and retention goals;
and
(B) specific strategies for developing, train-
ing, deploying, compensating, and motivating
the military and civilian acquisition workforce
of the Department to achieve such goals.
(4) ANNUAL UPDATES.—Not later than March 1
of each year from 2009 through 2012, the Secretary
of Defense shall update the assessment and plan re-
quired by paragraph (1). Each update shall include
the assessment of the Secretary of the progress the De-
partment has made to date in implementing the plan.
(5) SPENDING OF AMOUNTS IN FUND IN ACCORD-
ANCE WITH PLAN.—Beginning on October 1, 2008,
amounts in the Fund shall be expended in accordance
with the plan required under paragraph (1) and the
annual updates required under paragraph (4).
(6) REPORTS.—Not later than 30 days after de-
veloping the assessment and plan required under
paragraph (1) or preparing an annual update re-
quired under paragraph (4), the Secretary of Defense
shall submit to the congressional defense committees a
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report on the assessment and plan or annual update,
as the case may be.
SEC. 845. INVENTORIES AND REVIEWS OF CONTRACTS FOR
SERVICES BASED ON COST OR TIME OF PER-
FORMANCE.
(a) PREPARATION OF LISTS OF ACTIVITIES UNDER
CONTRACTS FOR SERVICES.—
(1) PREPARATION OF LISTS.—Not later than the
end of the third quarter of each fiscal year beginning
with fiscal year 2008, the Secretary of each military
department and the head of each Defense Agency shall
submit to the Secretary of Defense a list of the activi-
ties performed during the preceding fiscal year pursu-
ant to contracts for services for or on behalf of such
military department or Defense Agency, as the case
may be, under which the contractor is paid on the
basis of the cost or time of performance, rather than
specific tasks performed or results achieved.
(2) LIST ELEMENTS.—The entry for an activity
on a list under paragraph (1) shall include, for the
fiscal year covered by such entry, the following:
(A) The fiscal year for which the activity
first appeared on a list under this section.
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(B) The number of full-time contractor em-
ployees (or its equivalent) paid for the perform-
ance of the activity.
(C) A determination whether the contract
pursuant to which the activity is performed is a
personal services contract.
(D) The name of the Federal official respon-
sible for the management of the contract pursu-
ant to which the activity is performed.
(E) With respect to a list for a fiscal year
after fiscal year 2008, information on plans and
written determinations made pursuant to sub-
section (c)(2).
(b) PUBLIC AVAILABILITY OF LISTS.—Not later than
30 days after the date on which lists are required to be sub-
mitted to the Secretary of Defense under subsection (a), the
Secretary shall—
(1) transmit to the congressional defense commit-
tees a copy of the lists so submitted to the Secretary;
(2) make such lists available to the public; and
(3) publish in the Federal Register a notice that
such lists are available to the public.
(c) REVIEW AND PLANNING REQUIREMENTS.—
(1) REVIEW
OF
LISTS.—Within a reasonable
time after the date on which a notice of the public
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availability of a list is published under subsection
(b)(3), the Secretary of the military department or
head of the Defense Agency concerned shall—
(A) review the contracts and activities in-
cluded on the list;
(B) ensure that—
(i) each contract on the list that is a
personal services contract has been entered
into, and is being performed, in accordance
with applicable statutory and regulatory re-
quirements;
(ii) the activities on the list do not in-
clude any inherently governmental func-
tions; and
(iii) to the maximum extent prac-
ticable, the activities on the list do not in-
clude any functions closely associated with
inherently governmental functions; and
(C) for each activity on the list, either—
(i) develop a plan to convert the activ-
ity to performance by Federal employees,
convert the contract to a performance-based
contract, or terminate the activity; or
(ii) make a written determination that
it is not practicable for the military depart-
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ment or Defense Agency, as the case may be,
to take any of the actions otherwise required
under clause (i).
(2) ELEMENTS OF DETERMINATION.—A written
determination pursuant to subparagraph (B)(ii) shall
be accompanied by—
(A) a statement of the basis for the deter-
mination; and
(B) a description of the resources that will
be made available to ensure adequate planning,
management, and oversight for each contract
covered by the determination.
(d) CHALLENGES TO LISTS.—
(1) IN GENERAL.—An interested party may sub-
mit to the Secretary of the military department or
head of the Defense Agency concerned a challenge to
the omission of a particular activity from, or the in-
clusion of a particular activity on, a list made avail-
able to the public under subsection (b).
(2) INTERESTED PARTY DEFINED.—In this sub-
section, the term ‘‘interested party’’, with respect to
an activity referred to in subsection (a), means—
(A) the contractor performing the activity;
(B) an officer or employee of an organiza-
tion within the military department or Defense
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Agency concerned that is responsible for the per-
formance of the activity; or
(C) the head of any labor organization re-
ferred to in section 7103(a)(4) of title 5, United
States Code, that includes within its membership
officers or employees or an organization de-
scribed in subparagraph (B).
(3) DEADLINE FOR CHALLENGE.—A challenge to
a list shall be submitted under paragraph (1) not
later than 30 days after the date of the publication
of the notice of public availability of the list under
subsection (b)(3).
(4) RESOLUTION
OF
CHALLENGE.—Not later
than 30 days of the receipt by the Secretary of a mili-
tary department or head of a Defense Agency of a
challenge to a list under this subsection, an official
designated by the Secretary of the military depart-
ment or the head of the Defense Agency, as the case
may be, shall—
(A) determine whether or not the challenge
is valid; and
(B) submit to the interested party concerned
a written notification of the determination, to-
gether with a discussion of the rationale for the
determination.