10 U.S.C. § 129a: General policy for total force management

The Secretary of Defense shall establish policies and procedures for determining the most appropriate and cost efficient mix of military, civilian, and contractor personnel to perform the mission of the Department of Defense. In establishing the policies and procedures under subsection (a), the Secretary shall clearly provide that attainment of a Department of Defense workforce sufficiently sized and comprised of the appropriate mix of personnel necessary to carry out the mission of the Department and the core mission areas of the armed forces takes precedence over cost. The Secretary may not reduce the civilian workforce programmed full-time equivalent levels, or conduct any reductions or realignments that occur outside the normal programming process (including ad hoc, immediate, or unprogrammed changes) of 50 employees or more implemented before or after the submission of the annual budget request, unless the Secretary conducts an appropriate analysis of the impacts of such reductions on workload, military force structure, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs. The Under Secretary of Defense for Personnel and Readiness shall have overall responsibility for guidance to implement such policies and procedures. to avoid duplication of efforts and waste of resources attributable to a component working outside the scope of its responsibilities; and to ensure that risk, cost, and mission validation and prioritization considerations are consistent with the national defense strategy. The Under Secretary of Defense for Acquisition and Sustainment shall be responsible for ensuring that the defense acquisition system, as defined in section 3001 of this title , is consistent with such policies and procedures and with implementation pursuant to paragraph (1). The Under Secretary of Defense (Comptroller) shall be responsible for ensuring that the budget for the Department of Defense is consistent with such policies and procedures. The Under Secretary shall notify the congressional defense committees of any deviations from such policies and procedures that are recommended in the budget. The inventory of contracts for services required by section 4505(c) of this title . The list of activities required by the Federal Activities Inventory Reform Act of 1998 ( Public Law 105–270 ; 31 U.S.C. 501 note). section 2463 of this title (relating to guidelines and procedures for use of civilian employees to perform Department of Defense functions); and section 2461 of this title (relating to public-private competition required before conversion to contractor performance). a military department or Defense Agency to directly convert a function to contractor performance without complying with section 2461 of this title ; the use of contractor personnel for functions that are inherently governmental even if there is a military or civilian personnel shortfall in the Department of Defense; there are adequate resources to maintain sufficient capabilities within the Department in the functional area being considered for performance by contractor personnel; and there is adequate Government oversight of contractor personnel performing such functions; the establishment of numerical goals or budgetary savings targets for the conversion of functions to performance by either Department of Defense civilian personnel or for conversion to performance by contractor personnel; or the imposition of a civilian hiring freeze that may inhibit the implementation of the policies and procedures established under subsection (a). if the Secretary of the military department concerned determines in writing based on mission requirements that the performance of such functions by military personnel is cost-effective, taking into account the fully-burdened costs of the civilian, military, and contractor workforces, including the impact of the performance of such functions on military career progression or when required by military necessity; or the performance of such functions by military personnel is required to address critical staffing needs resulting from a reduction in personnel or budgetary resources by reason of an Act of Congress; and the military department concerned is in compliance with the policies, procedures, and analysis required by this section and section 129 of this title . In determining the workforce mix between civilian and military personnel, the Secretary of a military department shall reserve military personnel for the performance of the functions that, in the estimation of the Secretary, are required to be performed by military personnel in order to achieve national defense goals or in order to enable the proper functioning of the military department. In making workforce decisions, the Secretary shall account for the relative budgetary impact of military versus civilian personnel in determining the functions required to be performed by military personnel. Not later than 1 year after the date of the enactment of this subsection and annually thereafter, the Secretary of Defense shall submit a report to the congressional defense committees containing the analysis conducted pursuant to subsection (b). The Secretary of Defense shall carry out a set of activities to improve the effectiveness of management activities within the Department of Defense, with the goals of incorporating appropriate private sector management practices and technologies and enhancing the capabilities of the defense management workforce. Public-private partnerships with appropriate private sector and government organizations. Personnel exchange programs with appropriate industry, academic, and government organizations to enhance the capabilities of the defense management workforce. Research, development, and technology and business process prototyping activities to create new technological capabilities to support management missions, or development and testing of new management concepts and business transformation activities. The designation of appropriate organizations to lead management innovation activities. A process by which defense business process owners and other personnel of the Department of Defense can identify management and business process challenges and opportunities that could be addressed by activities carried out under this section. Processes to develop, prototype, test, and field new business processes and practices to improve defense management capabilities. development of innovative management concepts; analyses and addressing of appropriate management challenges; and development of programs and activities to develop the defense management workforce. Academic research and independent studies from federally funded research and development centers assessing lessons learned from previous Departmental management reform initiatives and whether legacy organizations exist and should be consolidated. Not later than February 1, 2023 , the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for carrying out the activities under this section. Not later than July 1, 2022 , the Secretary of Defense shall provide to the congressional defense committees an initial briefing on the activities carried out and plans developed under this section. On a date occurring after the briefing under paragraph (1), but not later than July 1, 2023 , the Secretary of Defense shall provide to the congressional defense committees a briefing on the activities carried out and plans developed under this section.” The Secretary of Defense shall establish a policy setting forth the programs and priorities of the Department of Defense for the retrograde, reconstitution, and replacement of units and materiel used to support overseas contingency operations. The policy shall take into account national security threats, the requirements of the combatant commands, the current readiness of the operating forces of the military departments, and risk associated with strategic depth and the time necessary to reestablish required personnel, equipment, and training readiness in such operating forces. Establishment and assignment of responsibilities and authorities within the Department for oversight and execution of the planning, organization, and management of the programs to reestablish the readiness of redeployed operating forces. Guidance concerning priorities, goals, objectives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant command requirements. Oversight reporting requirements and metrics for the evaluation of Department of Defense and military department progress on restoring the readiness of redeployed operating forces in accordance with the policy required under paragraph (1). A framework for joint departmental reviews of military services’ annual budgets proposed for retrograde, reconstitution, or replacement activities, including an assessment of the strategic and operational risk assumed by the proposed levels of investment across the Department of Defense. Not later than 90 days after the date of the enactment of this Act [ Dec. 26, 2013 ], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for implementation of the policy required under this section. The assignment of responsibilities and authorities for oversight and execution of the planning, organization, and management of the programs to reestablish the readiness of redeployed operating forces. Establishment of priorities, goals, objectives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant command requirements. A description of how the plan will be implemented, including a schedule with milestones to meet the goals of the plan. An estimate of the resources by military service and by year required to implement the plan, including an assessment of the risks assumed in the plan. Not later than one year after submitting the plan required under paragraph (1), and annually thereafter for two years, the Secretary of Defense shall submit to the congressional defense committees an update on progress toward meeting the goals of the plan. Not later than 120 days after the date of the enactment of this Act, and annually after the submittal of each update to the implementation plan under subsection (b), the Comptroller General of the United States shall review the implementation plan submitted under subsection (b) and the policy required by subsection (a), and submit to the congressional defense committees a report describing the findings of such review and progress made toward meeting the goals of the plan and including any additional information relating to the policy and plan that the Comptroller General determines appropriate.”