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 meet such language proficiency and other selection criteria as may be prescribed by the Secretary. (c) REGISTERED INFORMATION.—The Registry shall consist of the following: (1) The names of eligible persons selected by the Secretary for listing on the Registry. (2) Such other information on such persons as the Secretary determines pertinent to the use of such persons to provide linguistic serv- ices as described in subsection (a). (d) PROTECTION OF PRIVACY.—The Secretary may withhold from public disclosure the infor- mation maintained in the Registry in accord- ance with section 552a of title 5. (e) DESIGNATION OF CRITICAL FOREIGN LAN- GUAGES.—The Secretary shall designate those languages that are critical foreign languages for the purposes of this section. The Secretary shall make such a designation for any foreign lan- guage for which there is a shortage of experts in translation or interpretation available to meet requirements of the Secretary or of the head of any other department or agency of the United States for translation or interpretation in the national security interests of the United States. (f) LINGUISTIC SERVICES DEFINED.—In this sec- tion, the term ‘‘linguistic services’’ means translation or interpretation of communication in a foreign language. (Added Pub. L. 107–314, div. A, title X, § 1064(a)(1), Dec. 2, 2002, 116 Stat. 2653.) § 1596c. Programming language proficiency: spe- cial pay for proficiency beneficial for na- tional security interests (a) AUTHORITY.—The Secretary of Defense, under the sole and exclusive discretion of the Secretary, may pay special pay under this sec- tion to an employee of the Department of De- fense who— (1) has been certified by the Secretary to be proficient in a computer or digital program- ming language identified by the Secretary as being a language in which proficiency by civil- ian personnel of the Department is necessary because of national security interests; and (2) is assigned duties requiring proficiency in that programming language. (b) RATE.—The rate of special pay for an em- ployee under this section shall be prescribed by the Secretary, but may not exceed 20 percent of the employee’s rate of basic pay. (c) RELATIONSHIP TO OTHER PAY AND ALLOW- ANCES.—Special pay under this section is in ad- dition to any other pay or allowances to which the employee is entitled. (d) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. (Added Pub. L. 116–283, div. A, title II, § 241(c)(1), Jan. 1, 2021, 134 Stat. 3487.) § 1597. Civilian positions: guidelines for reduc- tions (a) REQUIREMENT OF GUIDELINES FOR REDUC- TIONS 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 es- tablished pursuant to subsection (b). (b) GUIDELINES.—The Secretary of Defense shall establish guidelines for the manner in which reductions in the number of civilian posi- tions 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 or the policies and procedures established under section 129a of this title. The guidelines shall in- clude procedures for reviewing civilian positions for reductions according to the following order: (1) Positions filled by foreign national em- ployees overseas. (2) All other positions filled by civilian em- ployees 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. Page 1524 TITLE 10—ARMED FORCES § 1597 (c) EXCEPTIONS.—The Secretary of Defense may permit a variation from the guidelines es- tablished under subsection (b) if the Secretary determines that such variation is critical to the national security. The Secretary shall imme- diately notify the Congress of any such vari- ation and the reasons for such variation. (d) INVOLUNTARY REDUCTIONS OF CIVILIAN POSI- TIONS.—The Secretary of Defense may not im- plement any involuntary reduction or furlough of civilian positions in a military department, Defense Agency, or other component of the De- partment 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 fur- loughs are required and a description of any change in workload or positions requirements that will result from such reductions or fur- loughs. (e) CONSIDERATION OF EMPLOYEE PERFORMANCE IN REDUCTIONS.—The Secretary of Defense shall establish procedures to provide that, in imple- menting any reduction in force for civilian posi- tions in the Department of Defense in the com- petitive service or the excepted service, the de- termination of which employees shall be sepa- rated 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. (Added Pub. L. 101–510, div. A, title III, § 322(a)(1), Nov. 5, 1990, 104 Stat. 1528; amended Pub. L. 102–484, div. A, title III, § 371(a), Oct. 23, 1992, 106 Stat. 2382; Pub. L. 103–35, title II, § 201(d)(1), May 31, 1993, 107 Stat. 98; Pub. L. 103–160, div. A, title III, § 363, Nov. 30, 1993, 107 Stat. 1628; Pub. L. 112–81, div. A, title IX, § 933(b), Dec. 31, 2011, 125 Stat. 1544; Pub. L. 114–92, div. A, title XI, § 1101(a), Nov. 25, 2015, 129 Stat. 1022; Pub. L. 115–91, div. A, title X, § 1051(a)(6)(A), Dec. 12, 2017, 131 Stat. 1560; Pub. L. 117–81, div. A, title XI, § 1105, Dec. 27, 2021, 135 Stat. 1950.) Editorial Notes AMENDMENTS 2021—Subsec. (e). Pub. L. 117–81 substituted ‘‘Consid- eration of Employee Performance in Reductions’’ for ‘‘Reductions Based Primarily on Performance’’ in head- ing and ‘‘, among other factors as determined by the Secretary, account for employee’’ for ‘‘be made pri- marily on the basis of’’ in text. 2017—Subsec. (c). Pub. L. 115–91, § 1051(a)(6)(A)(iii), struck out ‘‘or a master plan prepared under subsection (c)’’ after ‘‘established under subsection (b)’’. Pub. L. 115–91, § 1051(a)(6)(A)(ii), which directed the ‘‘striking’’ of subsec. (d) as (c), was executed by redesig- nating subsec. (d) as (c), to reflect the probable intent of Congress. Pub. L. 115–91, § 1051(a)(6)(A)(i), struck out subsec. (c) which related to civilian positions master plan. Subsecs. (d) to (f). Pub. L. 115–91, § 1051(a)(6)(A)(ii), which directed the ‘‘striking’’ of subsecs. (e) and (f) as (d) and (e), respectively, was executed by redesignating subsecs. (e) and (f) as (d) and (e), respectively, to reflect the probable intent of Congress. 2015—Subsec. (f). Pub. L. 114–92 added subsec. (f). 2011—Subsec. (b). Pub. L. 112–81 inserted after first sentence ‘‘In establishing the guidelines, the Secretary shall ensure that nothing in the guidelines conflicts with the requirements of section 129 of this title or the policies and procedures established under section 129a of this title.’’ 1993—Subsec. (a). Pub. L. 103–160, § 363(a)(1), sub- stituted ‘‘during a fiscal year’’ for ‘‘during fiscal year 1993’’. Subsec. (b). Pub. L. 103–160, § 363(a)(2), struck out ‘‘for fiscal year 1993’’ after ‘‘establish guidelines’’ in intro- ductory provisions. Subsec. (c)(1). Pub. L. 103–160, § 363(b)(1), substituted ‘‘for each fiscal year’’ for ‘‘for fiscal year 1994’’. Subsec. (c)(3)(A)(v). Pub. L. 103–35, § 201(d)(1)(A)(i), substituted ‘‘Defense Agency’’ for ‘‘defense agency’’. Subsec. (c)(3)(A)(vii). Pub. L. 103–160, § 363(b)(2), added cl. (vii). Subsec. (c)(3)(C). Pub. L. 103–35, § 201(d)(1)(A)(ii), sub- stituted ‘‘Defense Agency’’ for ‘‘defense agency’’ after ‘‘to which the military department,’’ and ‘‘Defense Agency,’’ for ‘‘defense agency’’ after ‘‘for the military department,’’. Subsec. (c)(4). Pub. L. 103–160, § 363(b)(3), added par. (4). Subsec. (e). Pub. L. 103–35, § 201(d)(1)(B), substituted ‘‘on the date’’ for ‘‘of the date’’. 1992—Pub. L. 102–484 substituted ‘‘Civilian positions: guidelines for reductions’’ for ‘‘Employees of indus- trial-type or commercial-type activities: guidelines for future reductions’’ as section catchline and amended text generally, substituting subsecs. (a) to (e) for former subsecs. (a) to (c). Statutory Notes and Related Subsidiaries PILOT PROGRAM FOR PAYMENT OF RETRAINING EXPENSES Pub. L. 107–107, div. A, title XI, § 1102, Dec. 28, 2001, 115 Stat. 1235, authorized the Secretary of Defense to es- tablish a pilot program to facilitate the reemployment of eligible employees of the Department of Defense who were involuntarily separated due to a reduction in force, relocation as a result of a transfer of function, realignment, or change of duty station, and to pay re- training incentives to encourage non-Federal employ- ers to hire and retain such employees, and provided that no incentive could be paid under such program for training commenced after Sept. 30, 2005. NON-FEDERAL EMPLOYMENT INCENTIVE PILOT PROGRAM Pub. L. 103–337, div. A, title III, § 348, Oct. 5, 1994, 108 Stat. 2725, authorized the Secretary of Defense to es- tablish a pilot program for the payment of incentives to facilitate the reemployment of eligible employees of the Department of Defense whose employment with the Department was being terminated by reason of the clo- sure or realignment of the military installations where such persons were employed, to pay retraining and re- location incentives to encourage non-Federal employ- ers to hire and retain such employees, and to pay a re- location incentive to an eligible employee if it was nec- essary for the employee to relocate in order to com- mence employment with a non-Federal employer under such program, and provided that no incentive could be paid under such program for training or relocations commenced after Sept. 30, 1999. SKILL TRAINING PROGRAMS IN DEPARTMENT OF DEFENSE Pub. L. 102–484, div. D, title XLIV, § 4435, Oct. 23, 1992, 106 Stat. 2722, authorized the Secretaries of the mili- tary departments and the Secretary of Defense, during the period beginning on Oct. 1, 1992, and ending on Sept. 30, 1995, to provide not more than one year of training in training facilities of the Department of Defense to civilian employees of the Department who were sepa- rated from employment as a result of a reduction in force or a closure or realignment of a military installa- tion, and directed the Secretary to publish a register of the skill training programs carried out by the Depart- ment not later than Feb. 1, 1993. Page 1525 TITLE 10—ARMED FORCES § 1598 1 See References in Text note below. INVOLUNTARY REDUCTIONS OF CIVILIAN PERSONNEL IN FISCAL YEAR 1991 Pub. L. 101–510, div. A, title III, § 322(b), Nov. 5, 1990, 104 Stat. 1529, provided that after Nov. 5, 1990, an agen- cy or component of the Department of Defense could not implement any involuntary reductions or furloughs of civilian personnel in industrial-type or commercial- type activities in fiscal year 1991 until 45 days after the date on which the agency or component submitted a re- port to Congress outlining the reasons why such reduc- tions or furloughs were required. § 1598. Assistance to terminated employees to ob- tain certification and employment as teach- ers or employment as teachers’ aides (a) PLACEMENT PROGRAM.—The Secretary of Defense may establish a program— (1) to assist eligible civilian employees of the Department of Defense and the Depart- ment of Energy after the termination of their employment to obtain— (A) certification or licensure as elemen- tary or secondary school teachers; or (B) the credentials necessary to serve as teachers’ aides; and (2) to facilitate the employment of such em- ployees by local educational agencies that— (A) are receiving grants under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a result of hav- ing within their jurisdictions concentrations of children from low-income families; and (B) are also experiencing a shortage of teachers or teachers’ aides. (b) ELIGIBLE EMPLOYEES.—(1) A civilian em- ployee of the Department of Defense or the De- partment of Energy shall be eligible for selec- tion by the Secretary of Defense to participate in the placement program authorized by sub- section (a) if the employee— (A) during the five-year period beginning Oc- tober 1, 1992, is terminated from such employ- ment as a result of reductions in defense spending or the closure or realignment of a military installation, as determined by the Secretary of Defense or the Secretary of En- ergy, as the case may be; (B) has received— (i) in the case of an employee applying for assistance for placement as an elementary or secondary school teacher, a baccalaureate or advanced degree from an accredited insti- tution of higher education; or (ii) in the case of an employee applying for assistance for placement as a teacher’s aide in an elementary or secondary school, an as- sociate, baccalaureate, or advanced degree from an accredited institution of higher edu- cation or a junior or community college; and (C) satisfies such other criteria for selection as the Secretary of Defense may prescribe. (2) The Secretary of Defense may accept an ap- plication from a civilian employee referred to in paragraph (1) who was terminated during the pe- riod beginning on October 1, 1990, and ending on October 1, 1992, if the employee otherwise satis- fies the eligibility criteria specified in that paragraph. (c) SELECTION OF PARTICIPANTS.—(1) Selection of civilian employees to participate in the place- ment program shall be made on the basis of ap- plications submitted to the Secretary of Defense after the employees receive a notice of termi- nation. An application shall be filed within such time, in such form, and contain such informa- tion as the Secretary of Defense may require. (2) In selecting participants to receive assist- ance for placement as elementary or secondary school teachers, the Secretary of Defense shall give priority to civilian employees who— (A) have educational, military, or employ- ment experience in science, mathematics, or engineering and agree to seek employment as science, mathematics, or engineering teachers in elementary or secondary schools; or (B) have educational, military, or employ- ment experience in another subject area iden- tified by the Secretary, in consultation with the Secretary of Education, as important for national educational objectives and agree to seek employment in that subject area in ele- mentary or secondary schools. (3) The Secretary of Defense may not select a civilian employee to participate in the program unless the Secretary has sufficient appropria- tions for the placement program available at the time of the selection to satisfy the obligations to be incurred by the United States under the program with respect to that member. (d) AGREEMENT.—A civilian employee selected to participate in the placement program shall be required to enter into an agreement with the Secretary of Defense in which the employee agrees— (1) to obtain, within such time as the Sec- retary may require, certification or licensure as an elementary or secondary school teacher or the necessary credentials to serve as a teacher’s aide in an elementary or secondary school; and (2) to accept— (A) in the case of an employee selected for assistance for placement as a teacher, an offer of full-time employment as an elemen- tary or secondary school teacher for not less than two school years with a local edu- cational agency identified under section 1151(b)(2) 1 of this title, as in effect on Octo- ber 4, 1999, to begin the school year after ob- taining that certification or licensure; or (B) in the case of an employee selected for assistance for placement as a teacher’s aide, an offer of full-time employment as a teach- er’s aide in an elementary or secondary school for not less than two school years with a local educational agency identified under section 1151(b)(3) 1 of this title, as in effect on October 4, 1999, to begin the school year after obtaining the necessary creden- tials. (e) STIPEND FOR PARTICIPANTS.—(1) Except as provided in paragraph (2), the Secretary of De- fense shall pay to each participant in the place- ment program a stipend in an amount equal to the lesser of— (A) $5,000; or (B) the total costs of the type described in paragraphs (1), (2), (3), (8), and (9) 1 of section