Page:United States Statutes at Large Volume 122.djvu/82

 12 2 STA T .59PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 av a il a b l eto t h e w o rk er s whoaretobee mp lo y e d to per f orm the f unc tion under the contract ‘ ( ii ) offerin g to such workers an employer - sponsored health benefits plan that re q uires the employer to con- tribute less towards the premium or subscription share than the amount that is paid by the D epartment of Defense for health benefits for civilian employees of the Department under chapter 89 of title 5 ‘‘(iii) offering to such workers a retirement benefit that , in any year, costs less than the annual retirement cost factor applicable to civilian employees of the Department of Defense under chapter 8 4 of title 5; and ’ ’ . (b) CONF O RMI N GA M E N D MEN TS . —S uch title is further amended— ( 1 ) by striking section 2 4 67 (2) in section 2461— (A) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and ( B ) by inserting after subsection (a) the following new subsection (b)
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‘‘(b) R E QU IREMENT TO CONSU L TD O D E M P LO Y EES.—(1) Each officer or employee of the Department of Defense responsible for determining under Office of M anagement and Budget Circular A – 76 whether to convert to contractor performance any function of the Department of Defense— ‘‘(A) shall, at least monthly during the development and preparation of the performance work statement and the management efficiency study used in making that determina- tion, consult with civilian employees who will be affected by that determination and consider the views of such employees on the development and preparation of that statement and that study; and ‘‘(B) may consult with such employees on other matters relating to that determination. ‘‘(2)(A) I n the case of employees represented by a labor organi z a- tion accorded e x clusive recognition under section 7111 of title 5, consultation with representatives of that labor organization shall satisfy the consultation requirement in paragraph (1). ‘‘(B) In the case of employees other than employees referred to in subparagraph (A), consultation with appropriate representa- tives of those employees shall satisfy the consultation requirement in paragraph (1). ‘‘(C) T he Secretary of Defense shall prescribe regulations to carry out this subsection. The regulations shall include provisions for the selection or designation of appropriate representatives of employees referred to in subparagraph (B) for purposes of the consultation required by paragraph (1).’’. (c) TE CH NIC A L AMENDMENTS.—Section 2461 of such title, as amended by this section, is further amended— (1) in subsection (a)(1)— (A) in subparagraph (B), by inserting after ‘‘2 0 0 3 ’’ the following: ‘‘, or any successor circular’’; and (B) in subparagraph (D), by striking ‘‘and reliability’’ and inserting ‘‘, reliability, and timeliness’’; and (2) in subsection (c)(2), as redesignated by subsection (b)(2), by inserting ‘‘of’’ after ‘‘examination’’. Regulations.

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