124 STAT. 4184 PUBLIC LAW 111–383—JAN. 7, 2011 SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF FUNCTIONS PER- FORMED UNDER PRIME VENDOR CONTRACTS FOR DEPOT- LEVEL MAINTENANCE AND REPAIR. Section 346 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 1979; 10 U.S.C. 2464 note) is repealed. SEC. 323. PROHIBITION ON ESTABLISHING GOALS OR QUOTAS FOR CONVERSION OF FUNCTIONS TO PERFORMANCE BY DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. (a) PROHIBITION.—The Secretary of Defense may not establish, apply, or enforce any numerical goal, target, or quota for the conver- sion of Department of Defense functions to performance by Depart- ment of Defense civilian employees, unless such goal, target, or quota is based on considered research and analysis, as required by section 235, 2330a, or 2463 of title 10, United States Code. (b) DECISIONS TO INSOURCE.—In deciding which functions should be converted to performance by Department of Defense civilian employees pursuant to section 2463 of title 10, United States Code, the Secretary of Defense shall use the costing method- ology outlined in the Directive-Type Memorandum 09–007 (Esti- mating and Comparing the Full Costs of Civilian and Military Manpower and Contractor Support) or any successor guidance for the determination of costs when costs are the sole basis for the decision. The Secretary of a military department may issue supple- mental guidance to assist in such decisions affecting functions of that military department. (c) REPORTS.— (1) REPORT TO CONGRESS.—Not later than March 31, 2011, the Secretary of Defense shall submit to the congressional defense committees a report on the decisions with respect to the conversion of functions to performance by Department of Defense civilian employees made during fiscal year 2010. Such report shall identify, for each such decision— (A) the agency or service of the Department involved in the decision; (B) the basis and rationale for the decision; and (C) the number of contractor employees whose func- tions were converted to performance by Department of Defense civilian employees. (2) COMPTROLLER GENERAL REVIEW.—Not later than 120 days after the submittal of the report under paragraph (1), the Comptroller General of the United States shall submit to the congressional defense committees an assessment of the report. (d) CONSTRUCTION.—Nothing in this section shall be con- strued— (1) to preclude the Secretary of Defense from establishing, applying, and enforcing goals for the conversion of acquisition functions and other critical functions to performance by Depart- ment of Defense civilian employees, where such goals are based on considered research and analysis; or (2) to require the Secretary of Defense to conduct a cost comparison before making a decision to convert any acquisition function or other critical function to performance by Depart- ment of Defense civilian employees, where factors other than cost serve as a basis for the Secretary’s decision. 10 USC 2463 note.
