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

(a) Policies and Procedures. The Secretary of Defense must set policies and procedures for figuring out the best, most cost-efficient mix of military, civilian, and contractor workers to do the Defense Department's job. (b) Risk Mitigation Over Cost. Those policies must make clear that having a properly sized, properly mixed workforce — one that can carry out the Department's mission and the armed forces' core missions — matters more than cost. The Secretary can't cut the civilian workforce's planned staffing levels, or make any unplanned reduction or realignment of 50 or more employees (outside the normal budget process, whether it happens before or after the annual budget request), unless the Secretary first analyzes how it would affect workload, military structure, lethality, readiness, effectiveness, stress on the force, and total costs. (c) Delegation of Responsibilities. The Secretary must hand off responsibility for carrying out these policies as follows: (1) the Under Secretary of Defense for Personnel and Readiness is generally responsible for guidance on how to carry them out; (2) the Secretaries of the military departments and the heads of Defense Agencies are generally responsible for figuring out requirements, planning, programming, and budgeting for these policies — and the Secretary must make sure that work looks at the whole force together (active and reserve military, civilians, and contractors) so it (A) avoids duplicated effort and wasted resources from any one part working outside its lane, and (B) keeps risk, cost, and mission decisions in line with the national defense strategy; (3) the Under Secretary of Defense for Acquisition and Sustainment must make sure the defense acquisition system (defined in section 3001) matches these policies and the guidance from paragraph (1); and (4) the Under Secretary of Defense (Comptroller) must make sure the Department's budget matches these policies, and must tell the congressional defense committees about any budget choices that don't follow them. (d) Use of Plan, Inventory, and List. When deciding the right workforce mix, the Department's policies must specifically require using: (1) the inventory of service contracts required by section 4505(c); and (2) the activities list required by the Federal Activities Inventory Reform Act of 1998. (e) Considerations in Converting Performance of Functions. If the Department is considering switching a function to civilian or contractor performance, the Under Secretary of Defense for Personnel and Readiness must make sure it follows (1) section 2463 (rules for using civilians to do Defense functions), and (2) section 2461 (public-private competition required before switching to a contractor). (f) Construction With Other Requirements. Nothing in this title allows: (1) a military department or Defense Agency to switch a function straight to contractor performance without following section 2461; (2) using contractors for jobs that are inherently governmental, even if there's a staffing shortfall; (3) blocking a military department or Defense Agency from using contractors for jobs closely tied to inherently governmental functions, as long as (A) the Department keeps enough of its own capability in that area, and (B) the government properly oversees the contractors doing the work; (4) setting numeric goals or budget-savings targets for converting jobs to either civilian or contractor performance; or (5) imposing a civilian hiring freeze that would get in the way of these policies. (g) Performance of Civilian Functions by Military Personnel. (1) Military personnel generally shouldn't do jobs meant for civilians, except: (A) if the relevant military department Secretary decides in writing, based on mission needs, that it's cost-effective (counting the full cost of civilian, military, and contractor workers, including effects on military career paths) or required by military necessity; or (B) for up to one year, if the Secretary decides that military personnel are needed to cover a critical staffing gap caused by an Act of Congress cutting personnel or budget, and the department is following the policies, procedures, and analysis this section requires. (2) When deciding the civilian/military mix, the Secretary of each military department must save military personnel for jobs that, in the Secretary's judgment, must be done by the military to meet national defense goals or keep the department running properly — and must weigh the relative budget cost of military versus civilian staff in making that call. (h) Report to Congressional Defense Committees. Within 1 year after this subsection became law, and every year after that, the Secretary of Defense must send Congress's defense committees a report containing the analysis required under subsection (b).