112 STAT. 1974 PUBLIC LAW 105-261—OCT. 17, 1998 SEC. 342. REPORTING AND ANALYSIS REQUIREMENTS BEFORE CHANGE OF COMMERCIAL AND INDUSTRIAL TYPE FUNC- TIONS TO PRIVATE SECTOR PERFORMANCE. (a) IN GENERAL.—Section 2461 of title 10, United States Code, is amended— (1) by redesignating subsections (c) and (g) as subsections (g) and (h), respectively, and transferring subsection (g), as so redesignated, to appear after subsection (f); and (2) by striking out subsections (a) and (b) and inserting in lieu thereof the following new subsections: "(a) REPORTING AND ANALYSIS REQUIREMENTS AS PRECONDITION TO CHANGE IN PERFORMANCE. —^A commercial or industrial type function of the Department of Defense that, as of October 1, 1980, was being performed by Department of Defense civilian employees may not be changed to performance by the private sector until the Secretary of Defense fully complies with the reporting and analysis requirements specified in subsections (b) and (c). "(b) NOTIFICATION AND ELEMENTS OF ANALYSIS. —(1) Before commencing to analyze a commercial or industrial type function described in subsection (a) for possible change to performance by the private sector, the Secretary of Defense shall submit to Congress a report containing the following: "(A) The function to be analyzed for possible change. "(B) The location at which the function is performed by Department of Defense civilian employees. "(C) The number of civilian employee positions potentially affected. "(D) The anticipated length and cost of the analysis. "(E) A certification that a proposed performance of the commercial or industrial type function by persons who are not civilian employees of the Department of Defense is not a result of a decision by an official of a military department or Defense Agency to impose predetermined constraints or limitations on such employees in terms of man years, end strengths, full-time equivalent positions, or maximum number of employees. "(2) The duty to prepare a report under paragraph (1) may be delegated. A report prepared below the major command or claimant level of a military department, or below the equivalent level in a Defense Agency, pursuant to any such delegation shall be reviewed at the major command, claimant level, or equivalent level, as the case may be, before submission to Congress. "(3) An analysis of a commercial or industrial type function for possible change to performance by the private sector shall include the following: "(A) An examination of the cost of performance of the function by Department of Defense civilian employees and by one or more private contractors to demonstrate whether change to performance by the private sector will result in savings to the Government over the life of the contract, including in the examination the following: "(i) The cost to the Government, estimated by the Secretary of Defense (based on offers received), for performance of the function by the private sector. "(ii) The estimated cost to the Government of Department of Defense civilian employees performing the function.
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