Public Law 119-73 (01/23/2026)

10 U.S.C. § 2461a

Development and implementation of system for monitoring cost saving resulting from public-private competitions

(a)

System for Monitoring Performance .—

(1)
section 2461 of this title The Secretary of Defense shall monitor the performance, including the cost of performance, of each function of the Department of Defense that, after , is the subject of a public-private competition conducted under .
(2)
In carrying out paragraph (1), the Secretary shall—
(A)
compare the cost of performing the function before the public-private competition to the cost of performing the function after the implementation of the results of the public-private competition; and
(B)
section 2461(a)(1)(E) of this title identify any actual savings of the Department of Defense after the implementation of the results of the public-private competition and compare such savings to the estimated savings identified pursuant to for that public-private competition;
(3)
The monitoring of a function shall continue under this section for at least five years after the conversion, reorganization, or reengineering of the function pursuant to such a public-private competition.
(b)

Consideration in Preparation of Future-Years Defense Program .—

section 221 of this titlesection 2461 of this titleIn preparing the future-years defense program under , the Secretary of Defense shall, for the fiscal years covered by the program, estimate and take into account the costs to be incurred and the savings to be derived from the performance of functions by workforces selected in public-private competitions conducted under . The Secretary shall consider the results of the monitoring under this section in making the estimates.

Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–107, div. A, title X, § 1048(a)(21)115 Stat. 1224Pub. L. 109–163, div. A, title III, § 341(d)119 Stat. 3199(Added , title III, § 354(a)], , , 1654A–73; amended , (c)(11), , , 1226; , (g)(2)(C), , , 3200.)

Editorial Notes

Amendments

Pub. L. 109–163, § 341(g)(2)(C)2006—, substituted “Development and implementation of system for monitoring cost saving resulting from public-private competitions” for “Development of system for monitoring cost savings resulting from workforce reductions” in section catchline.

Pub. L. 109–163, § 341(d)(1)Subsec. (a). , (2), redesignated subsec. (b) as (a) and struck out former subsec. (a) which defined “workforce review”.

Pub. L. 109–163, § 341(d)(3)(A)section 2461 of this titleSubsec. (a)(1). , substituted “monitor” for “establish a system for monitoring” and “a public-private competition conducted under ” for “a workforce review”.

Pub. L. 109–163, § 341(d)(3)(B)Subsec. (a)(2). , added par. (2) and struck out former par. (2) which established requirements for the monitoring system.

Pub. L. 109–163, § 341(d)(3)(C)Subsec. (a)(3). , inserted “pursuant to such a public-private competition” after “reengineering of the function”.

Pub. L. 109–163, § 341(d)(4)section 2461 of this titleSubsec. (b). , substituted “public-private competitions conducted under ” for “workforce reviews”.

Pub. L. 109–163, § 341(d)(2), redesignated subsec. (e) as (b). Former subsec. (b) redesignated (a).

Pub. L. 109–163, § 341(d)(1)Subsecs. (c) to (e). , (2), redesignated subsec. (e) as (b) and struck out former subsecs. (c) and (d) which related to waiver for certain workforce reviews and annual report, respectively.

Pub. L. 107–107, § 1048(a)(21)2001—Subsec. (a)(2). , substituted “efficiency” for “effeciency”.

Pub. L. 107–107, § 1048(c)(11)Subsec. (b)(1). , substituted “,” for “the date of the enactment of this section,”.