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10 U.S.C. § 1597 — Civilian positions: guidelines for reductions

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1597 — Civilian positions: guidelines for reductions

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Source file: Laws/federal/codes/united-states-code/title-10/section-1597-civilian-positions-guidelines-for-reductions--bfc6a9413b.md
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Source location: Title 10, Chapter 81, § 1597; chapter-081-civilian-employees.md

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**(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 original. Probably should be followed by a comma. furlough, or significant reduction of over 50 civilian positions in a military department, Defense Agency, or other component of the Department of Defense until the expiration of the 45-day period beginning on the date on which the Secretary submits to Congress a report setting forth the reasons why such reductions or furloughs are required and a description of any change in workload or positions requirements that will result from such reductions or furloughs. The Secretary shall notify the congressional defense committees and each Member of Congress representing the area in which reductions are ordered. Such notification shall include billet, activity name, number of employees at the location, number of employees involuntarily separated by billet, reason for the personnel action, actions to mitigate reductions, and savings and costs. **(e) Consideration of Employee Performance in Reductions.—** The Secretary of Defense shall establish procedures to provide that, in implementing any reduction in force for civilian positions in the Department of Defense in the competitive service or the excepted service, the determination of which employees shall be separated from employment in the Department shall, among other factors as determined by the Secretary, account for employee performance, as determined under any applicable performance management system.

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Federal law — U.S. Code and appendices · legal_authorities

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

**(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

10 U.S.C. § 129 — Civilian personnel management

**(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

50 U.S.C. § 167 — Definitions

In this chapter: (1) **Cliffside Field** — The term “Cliffside Field” means the helium storage reservoir in which the Federal Helium Reserve is stored. (2) **Federal Helium Pipeline** — The term “Federal Helium Pipeline” means the federally owned pipeline system through which helium for the Federal Helium Reserve may be transported. (3) **Federal Helium Reserve** — The term “Federal Helium Reserve” means helium reserves owned by the United States. (4) **Federal Helium System** — The term “Federal Helium System” means— (A) the Federal Helium Reserve; (B) the Cliffside Field; (C) the Federal Helium Pipeline; and (D) all other infrastructure owned, leased, or managed under contract by the Secretary for the storage, transportation, withdrawal, enrichment, purification, or management of helium. (5) **Federal user** — The term “Federal user” means a Federal agency or extramural holder of one or more Federal research grants using helium. (6) **Low-Btu gas** — The term “low-Btu gas” means a fuel gas with a heating value of less than 250 Btu per standard cubic foot measured as the higher heating value resulting from the inclusion of noncombustible gases, including nitrogen, helium, argon, and carbon dioxide. (7) **Person** — The term “person” means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, or State or political subdivision. (8) **Priority pipeline access** — The term “priority pipeline access” means the first priority of delivery of crude helium under which the Secretary schedules and ensures the delivery of crude helium to a helium refinery through the Federal Helium System. (9) **Qualified bidder** (A) *In general* — The term “qualified bidder” means a person the Secretary determines is se

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1597 — Civilian positions: guidelines for reduc-

Page 1523 TITLE 10—ARMED FORCES § 1597 Editorial Notes AMENDMENTS 2004—Subsec. (a)(2). Pub. L. 108–375 struck out ‘‘dur- ing a contingency operation supported by the armed forces’’ after ‘‘foreign language’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–375, div. A, title XI, § 1102(b), Oct. 28, 2004, 118 Stat. 2072, provided that: ‘‘The amendment by this section [amending this section] shall take effect on the first day of the first month that begins after the date of the enactment of this Act [Oct. 28, 2004].’’ § 1596b. Foreign language proficiency: National Foreign Language Skills Registry (a) ESTABLISHMENT.—(1) The Secretary of De- fense may establish and maintain a registry of persons who— (A) have proficiency in one or more critical foreign languages; (B) are willing to provide linguistic services to the United States in the interests of na- tional security during war or a national emer- gency; and (C) meet the eligibility requirements of sub- section (b). (2) The registry shall be known as the ‘‘Na- tional Foreign Language Skills Registry’’ (in this section referred to as the ‘‘Registry’’). (b) ELIGIBLE PERSONS.—To be eligible for list- ing on the Registry, a person— (1) must be— (A) a national of the United States (as de- fined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))); or (B) an alien lawfully admitted for perma- nent residence (as defined in section 101(a)(20) of the Immigration and Nation- ality Act (8 U.S.C. 1101(a)(20))); (2) shall express willingness, in a form and manner prescribed by the Secretary— (A) to provide linguistic services for a for- eign language as described in subsection (a); and (B) to be listed on the Registry; and (3) shall mee

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