---
kind: "section"
citation: "10 U.S.C. § 2461a"
title: "10"
title_heading: "Armed Forces"
number: "2461a"
heading: "Development and implementation of system for monitoring cost saving resulting from public-private competitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2461a"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 146 — Contracting for Performance of Civilian Commercial or Industrial Type Functions"
---

# §2461a. Development and implementation of system for monitoring cost saving resulting from public-private competitions

- (a) **System for Monitoring Performance.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense shall monitor the performance, including the cost of performance, of each [function](/usc/10/467.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense that, after October 30, 2000, is the subject of a public-private competition conducted under [section 2461 of this title](/usc/10/2461.md).
  - (2) In carrying out [paragraph (1)](#a-1), the [Secretary](/usc/10/4951.md?p=3) shall—
    - (A) compare the cost of performing the [function](/usc/10/467.md?p=1) before the public-private competition to the cost of performing the [function](/usc/10/467.md?p=1) after the implementation of the results of the public-private competition; and
    - (B) identify any actual savings of the [Department](/usc/10/101.md?p=a-6) of Defense after the implementation of the results of the public-private competition and compare such savings to the estimated savings identified pursuant to [section 2461(a)(1)(E) of this title](/usc/10/2461.md?p=a-1-E) for that public-private competition;
  - (3) The monitoring of a [function](/usc/10/467.md?p=1) shall continue under this section for at least five years after the conversion, reorganization, or reengineering of the [function](/usc/10/467.md?p=1) pursuant to such a public-private competition.
- (b) **Consideration in Preparation of Future-Years Defense Program.—** In preparing the future-years defense [program](/usc/10/2101.md?p=1) under [section 221 of this title](/usc/10/221.md), the [Secretary](/usc/10/4951.md?p=3) of Defense shall, for the fiscal years covered by the [program](/usc/10/2101.md?p=1), estimate and take into account the costs to be incurred and the savings to be derived from the performance of [functions](/usc/10/467.md?p=1) by workforces selected in public-private competitions conducted under [section 2461 of this title](/usc/10/2461.md). The [Secretary](/usc/10/4951.md?p=3) shall consider the results of the monitoring under this section in making the estimates.

## Source credit

(Added Pub. L. 106–398, § 1 [[div. A], title III, § 354(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–73; amended Pub. L. 107–107, div. A, title X, § 1048(a)(21), (c)(11), Dec. 28, 2001, 115 Stat. 1224, 1226; Pub. L. 109–163, div. A, title III, § 341(d), (g)(2)(C), Jan. 6, 2006, 119 Stat. 3199, 3200.)

## Notes

### Editorial Notes

### Amendments

2006—Pub. L. 109–163, § 341(g)(2)(C), 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.

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

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

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

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

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

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

Subsecs. (c) to (e). Pub. L. 109–163, § 341(d)(1), (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.

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

Subsec. (b)(1). Pub. L. 107–107, § 1048(c)(11), substituted “October 30, 2000,” for “the date of the enactment of this section,”.