
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC129]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                 CHAPTER 3--GENERAL POWERS AND FUNCTIONS
 
Sec. 129. Prohibition of certain civilian personnel management 
        constraints
        
    (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 workload required to carry out the functions and activities of the 
department and (2) 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 unless such 
reduction is necessary due to a reduction in funds available to the 
Department or is required under a law that is enacted after February 10, 
1996, and that refers specifically to this subsection.
    (b) The number of, and the amount of funds available to be paid to, 
indirectly funded Government employees of the Department of Defense may 
not be--
        (1) subject to any constraint or limitation on the number of 
    such personnel who may be employed on the last day of a fiscal year;
        (2) managed on the basis of any constraint or limitation in 
    terms of man years, end strength, full-time equivalent positions, or 
    maximum number of employees; or
        (3) controlled under any policy of the Secretary of a military 
    department for control of civilian manpower resources.

    (c) In this section, the term ``indirectly funded Government 
employees'' means civilian employees of the Department of Defense--
        (1) who are employed by industrial-type activities, the Major 
    Range and Test Facility Base, or commercial-type activities 
    described in section 2208 of this title; and
        (2) whose salaries and benefits are funded from sources other 
    than appropriated funds.

    (d) 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 for 
which funds are provided for that fiscal year.
    (e) Subsections (a), (b), and (c) apply to the Major Range and Test 
Facility Base (MRTFB) at the installation level. With respect to the 
MRTFB structure, the term ``funds made available'' includes both direct 
appropriated funds and funds provided by MRTFB customers.
    (f)(1) Not later than February 1 of each year, the Secretary of each 
military department and the head of each Defense Agency shall submit to 
the Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the management of 
the civilian workforce under the jurisdiction of that official.
    (2) Each report of an official under paragraph (1) shall contain the 
following:
        (A) The official's certification (i) that the civilian workforce 
    under the jurisdiction of the official is not subject to any 
    constraint or limitation in terms of man years, end strength, full-
    time equivalent positions, or maximum number of employees, and (ii) 
    that, during the 12 months preceding the date on which the report is 
    due, such workforce has not been subject to any such constraint or 
    limitation.
        (B) A description of how the civilian workforce is managed.
        (C) A detailed description of the analytical tools used to 
    determine civilian workforce requirements during the 12-month period 
    referred to in subparagraph (A).

(Added Pub. L. 97-86, title IX, Sec. 904(a), Dec. 1, 1981, 95 Stat. 
1114, Sec. 140b; renumbered Sec. 129, Pub. L. 99-433, title I, 
Sec. 101(a)(3), Oct. 1, 1986, 100 Stat. 994; amended Pub. L. 99-661, 
div. A, title V, Sec. 533, Nov. 14, 1986, 100 Stat. 3873; Pub. L. 102-
190, div. A, title III, Sec. 312(b), Dec. 5, 1991, 105 Stat. 1335; Pub. 
L. 104-106, div. A, title X, Sec. 1031, Feb. 10, 1996, 110 Stat. 428; 
Pub. L. 104-201, div. A, title X, Sec. 1074(a)(1), title XVI, Sec. 1603, 
Sept. 23, 1996, 110 Stat. 2658, 2735; Pub. L. 105-85, div. A, title XI, 
Sec. 1101, Nov. 18, 1997, 111 Stat. 1922; Pub. L. 106-65, div. A, title 
X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)


                               Amendments

    1999--Subsec. (f)(1). Pub. L. 106-65 substituted ``and the Committee 
on Armed Services'' for ``and the Committee on National Security''.
    1997--Subsec. (f). Pub. L. 105-85 added subsec. (f).
    1996--Subsec. (a). Pub. L. 104-201, Sec. 1074(a)(1), substituted 
``February 10, 1996,'' for ``the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 1996''.
    Pub. L. 104-106, Sec. 1031(1), substituted ``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 unless such reduction is necessary due to a 
reduction in funds available to the Department or is required under a 
law that is enacted after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 1996 and that refers 
specifically to this subsection.'' for ``man-year constraint or 
limitation.''
    Subsec. (b)(2). Pub. L. 104-106, Sec. 1031(2), substituted ``any 
constraint or limitation in terms of man years, end strength, full-time 
equivalent positions, or maximum number of employees'' for ``any end-
strength''.
    Subsec. (c)(1). Pub. L. 104-201, Sec. 1603(1), inserted ``, the 
Major Range and Test Facility Base,'' after ``industrial-type 
activities''.
    Subsec. (d). Pub. L. 104-106, Sec. 1031(3), added subsec. (d).
    Subsec. (e). Pub. L. 104-201, Sec. 1603(2), added subsec. (e).
    1991--Subsec. (a). Pub. L. 102-190 substituted ``department and 
(2)'' for ``department, (2)'' and struck out ``, and (3) the authorized 
end strength for the civilian personnel of the department for such 
fiscal year'' at end of first sentence.
    1986--Pub. L. 99-661 designated existing provisions as subsec. (a) 
and added subsecs. (b) and (c).
    Pub. L. 99-433 renumbered section 140b of this title as this 
section.

                  Section Referred to in Other Sections

    This section is referred to in section 115 of this title.
