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10 U.S.C. § 129 — Civilian personnel management
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The civilian personnel of the Department of Defense shall be managed each fiscal year solely on the basis of and consistent with (1) the total force management policies and procedures established under [section 129a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129a&num=0&edition=prelim), (2) the workload required to carry out the functions and activities of the department, and (3) the funds made available to the department for such fiscal year. The management of such personnel in any fiscal year shall not be subject to any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees. The Secretary of Defense and the Secretaries of the military departments may not be required to make a reduction in the number of full-time equivalent positions in the Department of Defense except in accordance with the requirements of this section and [section 129a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129a&num=0&edition=prelim).
**(b)** With respect to each budget activity within an appropriation for a fiscal year for operations and maintenance, the Secretary of Defense shall ensure that there are employed during that fiscal year employees in the number and with the combination of skills and qualifications that are necessary to carry out the functions within that budget activity as determined under the total force management policies and procedures established under [section 129a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 129
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Stable record: federal_law:legal_authorities:record_usc_046afc835214cb9cc7501fb2
Source file: Laws/federal/codes/united-states-code/title-10/section-129-civilian-personnel-management--953e620e3b.md
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Source location: Title 10, Chapter 3, § 129; chapter-003-general-powers-and-functions.md
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**(a)** The civilian personnel of the Department of Defense shall be managed each fiscal year solely on the basis of and consistent with (1) the total force management policies and procedures established under [section 129a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129a&num=0&edition=prelim), (2) the workload required to carry out the functions and activities of the department, and (3) the funds made available to the department for such fiscal year. The management of such personnel in any fiscal year shall not be subject to any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees. The Secretary of Defense and the Secretaries of the military departments may not be required to make a reduction in the number of full-time equivalent positions in the Department of Defense except in accordance with the requirements of this section and [section 129a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129a&num=0&edition=prelim).
**(b)** With respect to each budget activity within an appropriation for a fiscal year for operations and maintenance, the Secretary of Defense shall ensure that there are employed during that fiscal year employees in the number and with the combination of skills and qualifications that are necessary to carry out the functions within that budget activity as determined under the total force management policies and procedures established under [section 129a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policies and Procedures.—** The Secretary of Defense shall establish policies and procedures for determining the most appropriate and cost efficient mix of military, civilian, and contractor personnel to perform the mission of the Department of Defense.
**(b) Risk Mitigation Over Cost.—** In establishing the policies and procedures under subsection (a), the Secretary shall clearly provide that attainment of a Department of Defense workforce sufficiently sized and comprised of the appropriate mix of personnel necessary to carry out the mission of the Department and the core mission areas of the armed forces takes precedence over cost. The Secretary may not reduce the civilian workforce programmed full-time equivalent levels, or conduct any reductions or realignments that occur outside the normal programming process (including ad hoc, immediate, or unprogrammed changes) of 50 employees or more implemented before or after the submission of the annual budget request, unless the Secretary conducts an appropriate analysis of the impacts of such reductions on workload, military force structure, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs.
**(c) Delegation of Responsibilities.—** The Secretary shall delegate responsibility for implementation of the policies and procedures established under subsection (a) as follows:
(1) The Under Secretary of Defense for Personnel and Readiness shall have overall responsibility for guidance to implement such policies and procedures.
(2) The Secretaries of the military departments and the heads of the Defense Agencies shall have overall responsibility for the requirements determination, planning, programming, and budgeting for such policies and procedures. The Secretary of Def
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 129a
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 140b was renumbered [section 129 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 140b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Active-Duty, Selected Reserve, and Space Force End Strengths To Be Authorized by Law.—** Congress shall authorize personnel strength levels for each fiscal year for each of the following:
(1) The end strength for the Army, Navy, Air Force, and Marine Corps for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel unless on active duty pursuant to subsection (b), and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel unless on active duty or full-time National Guard duty pursuant to subsection (b).
(2) The end strength for the Selected Reserve of each reserve component of the armed forces.
(3) The end strength for the Space Force for members in space force active status.
**(b) Certain Reserves on Active Duty To Be Authorized by Law.—**
(1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full-time National Guard duty at any given time who are called or ordered to—
(A) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=prelim) for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense;
(B) full-time National Guard duty under [section 502(f)(1)(B) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f/1/B&num=0&edition=prelim) for the purpose of providing operational support when authorized by the Secretary of Defense;
(C) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 115
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Not later than April 1 each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives, and furnish to any Member of Congress upon request, a defense manpower profile report. The report shall contain the Secretary’s recommendations for—
(1) the annual active-duty end-strength level for each component of the armed forces for the next fiscal year; and
(2) the annual civilian personnel requirements level for each component of the Department of Defense for the next fiscal year and the civilian end-strength level for the prior fiscal year.
**(b)**
(1) The Secretary shall include in each report under subsection (a) justification for the strength levels recommended and an explanation of the relationship between the personnel strength levels recommended for that fiscal year and the national security policies of the United States in effect at the time.
(2) The justification and explanation required by paragraph (1) shall include the following:
(A) An explanation of how personnel end strength level requests address threats described in the national defense strategy under [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim).
(B) The rationale for recommended increases or decreases in active, reserve, and civilian personnel for each component of the Department of Defense.
(C) The actual end strength number for each armed force for the prior fiscal year, compared to authorized end strength levels.
(D) The shortfall in recruiting by each armed force as a percentage, as the Secretary determines appropriate.
**(c)** The Secretary shall include in each report under subsection (a) a detailed discussion of the manpo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 115a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of Guidelines for Reductions in Civilian Positions.—** Reductions in the number of civilian positions of the Department of Defense during a fiscal year, if any, shall be carried out in accordance with the guidelines established pursuant to subsection (b).
**(b) Guidelines.—** The Secretary of Defense shall establish guidelines for the manner in which reductions in the number of civilian positions of the Department of Defense are made. In establishing the guidelines, the Secretary shall ensure that nothing in the guidelines conflicts with the requirements of [section 129 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129&num=0&edition=prelim) or the policies and procedures established under [section 129a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section129a&num=0&edition=prelim). The guidelines shall include procedures for reviewing civilian positions for reductions according to the following order:
(1) Positions filled by foreign national employees overseas.
(2) All other positions filled by civilian employees overseas.
(3) Overhead, indirect, and administrative positions in headquarters or field operating agencies in the United States.
(4) Direct operating or production positions in the United States.
**(c) Exceptions.—** The Secretary of Defense may permit a variation from the guidelines established under subsection (b) if the Secretary determines that such variation is critical to the national security. The Secretary shall immediately notify the Congress of any such variation and the reasons for such variation.
**(d) Involuntary or Significant Reductions of Civilian Positions.—** The Secretary of Defense may not implement any involuntary reduction 11 So in o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1597
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Federal law — U.S. Code and appendices · legal_authorities
Page 157
TITLE 10—ARMED FORCES
§ 129
likelihood of an illegal production, theft, diver-
sion, or sabotage referred to in such paragraph
would be if the information proposed to be pro-
hibited from dissemination under this section
were at no time available for dissemination.
(4) The Secretary shall exercise his authority
under this subsection to prohibit the dissemina-
tion of any information described in paragraph
(1)—
(A) so as to apply the minimum restrictions
needed to protect the health and safety of the
public or the common defense and security;
and
(B) upon a determination that the unauthor-
ized dissemination of such information could
reasonably be expected to result in a signifi-
cant adverse effect on the health and safety of
the public or the common defense and security
by significantly increasing the likelihood of—
(i) illegal production of nuclear weapons,
or
(ii) theft, diversion, or sabotage of nuclear
materials, equipment, or facilities.
(b) Nothing in this section shall be construed
to authorize the Secretary to withhold, or to au-
thorize the withholding of, information from the
appropriate committees of the Congress.
(c) Any determination by the Secretary con-
cerning the applicability of this section shall be
subject to judicial review pursuant to section
552(a)(4)(B) of title 5.
(d) Information that the Secretary prohibits
to be disseminated pursuant to subsection (a)
that is provided to a State or local government
shall remain under the control of the Depart-
ment of Defense, and a State or local law au-
thorizing or requiring a State or local govern-
ment to disclose such information shall not
apply to such information.
(Added Pub. L. 100–180, div. A, title XI, § 1123(a),
Dec. 4, 1987, 101 Stat. 1149; amended Pub. L.
101
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 129
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