
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1102]
[CITE: 10USC1597]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 81--CIVILIAN EMPLOYEES
 
Sec. 1597. Civilian positions: guidelines for reductions

    (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. 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) Master Plan.--(1) The Secretary of Defense shall include in the 
materials submitted to Congress in support of the budget request for the 
Department of Defense for each fiscal year a civilian positions master 
plan described in paragraph (2) for the Department of Defense as a whole 
and for each military department, Defense Agency, and other principal 
component of the Department of Defense.
    (2) The master plan referred to in paragraph (1) shall include the 
information described in paragraph (3). Such information shall include 
information for each of the two fiscal years immediately preceding such 
fiscal year and projected information for such fiscal year and each of 
the two fiscal years immediately following such fiscal year.
    (3) The information referred to in paragraph (2) is the following:
        (A) A profile of the levels of civilian positions sufficient to 
    establish and maintain a baseline for tracking annual accessions and 
    losses of civilian positions and to provide for the analysis of 
    trends in the levels of civilian positions within the Department of 
    Defense as a whole and for each military department, major 
    subordinate command of each military department, Defense Agency, and 
    other principal component of the Department of Defense. The profile 
    shall include information on the following:
            (i) The total number of civilian employees.
            (ii) Of the total number of civilian employees, the number 
        of civilian employees in the United States, the number of 
        civilian employees overseas, and the number of foreign national 
        employees overseas.
            (iii) Of the total number of civilian employees at the end 
        of each fiscal year covered by the master plan, the number of 
        full-time employees, the number of part-time employees, and the 
        number of temporary and on-call employees.
            (iv) Accessions and losses of civilian positions, shown in 
        the aggregate and by the number of full-time employees, the 
        number of part-time employees, and the number of temporary and 
        on-call employees.
            (v) The number of losses of civilian positions, by 
        appropriation account, due to reductions in force, furloughs, or 
        functional transfers or other significant transfers of work away 
        from the military department, Defense Agency, or other 
        component.
            (vi) The extent to which accessions and losses of civilian 
        positions are due to functional transfers or competitive actions 
        that are related to the Department of Defense management review 
        initiatives of the Secretary of Defense.
            (vii) The total number of individuals employed by 
        contractors and subcontractors of the Department of Defense 
        under a contract or subcontract entered into pursuant to Office 
        of Management and Budget Circular A-76 to perform commercial 
        activities for the Department of Defense, a military department, 
        a defense agency, or other component.

        (B) For industrial-type and commercial-type activities funded 
    through the Defense Business Operations Fund, the following 
    information:
            (i) Annual trends in the amount of funded workload for each 
        activity, based upon the average number of months of 
        accumulated, funded workload to be performed, or projected to be 
        performed, by the activity.
            (ii) The extent to which such workload is funded by funds 
        that are appropriated from appropriation accounts and managed 
        through the Defense Business Operations Fund.

        (C) Information that indicates trends in the extent to which the 
    military department, Defense Agency, or other component enters into 
    contracts with persons outside of the Department of Defense, rather 
    than uses civilian positions, to perform work for the military 
    department, Defense Agency, or other component.
        (D) Information that indicates the extent to which the 
    Department of Defense management review initiatives of the Secretary 
    of Defense and other productivity enhancement programs of the 
    Department of Defense significantly affect the number of losses of 
    civilian positions, particularly administrative and management 
    positions.

    (4) The Secretary of Defense shall include in the materials referred 
to in paragraph (1) a report on the implementation of the master plan 
for the fiscal year immediately preceding the fiscal year for which such 
materials are submitted.
    (d) Exceptions.--The Secretary of Defense may permit a variation 
from the guidelines established under subsection (b) or a master plan 
prepared under subsection (c) 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.
    (e) Involuntary Reductions of Civilian Positions.--The Secretary of 
Defense may not implement any involuntary reduction or furlough of 
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.

(Added Pub. L. 101-510, div. A, title III, Sec. 322(a)(1), Nov. 5, 1990, 
104 Stat. 1528; amended Pub. L. 102-484, div. A, title III, Sec. 371(a), 
Oct. 23, 1992, 106 Stat. 2382; Pub. L. 103-35, title II, Sec. 201(d)(1), 
May 31, 1993, 107 Stat. 98; Pub. L. 103-160, div. A, title III, 
Sec. 363, Nov. 30, 1993, 107 Stat. 1628.)


                               Amendments

    1993--Subsec. (a). Pub. L. 103-160, Sec. 363(a)(1), substituted 
``during a fiscal year'' for ``during fiscal year 1993''.
    Subsec. (b). Pub. L. 103-160, Sec. 363(a)(2), struck out ``for 
fiscal year 1993'' after ``establish guidelines'' in introductory 
provisions.
    Subsec. (c)(1). Pub. L. 103-160, Sec. 363(b)(1), substituted ``for 
each fiscal year'' for ``for fiscal year 1994''.
    Subsec. (c)(3)(A)(v). Pub. L. 103-35, Sec. 201(d)(1)(A)(i), 
substituted ``Defense Agency'' for ``defense agency''.
    Subsec. (c)(3)(A)(vii). Pub. L. 103-160, Sec. 363(b)(2), added cl. 
(vii).
    Subsec. (c)(3)(C). Pub. L. 103-35, Sec. 201(d)(1)(A)(ii), 
substituted ``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, Sec. 363(b)(3), added par. (4).
    Subsec. (e). Pub. L. 103-35, Sec. 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 industrial-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).


             Non-Federal Employment Incentive Pilot Program

    Pub. L. 103-337, div. A, title III, Sec. 348, Oct. 5, 1994, 108 
Stat. 2725, provided that:
    ``(a) Authority.--The Secretary of Defense may establish a pilot 
program for the payment of incentives in accordance with this section to 
facilitate the reemployment of eligible employees of the Department of 
Defense whose employment with the Department is being terminated by 
reason of the closure or realignment of the military installations where 
such persons are employed. Under the pilot program, the Secretary may 
pay retraining and relocation incentives to encourage non-Federal 
employers to hire and retain such employees.
    ``(b) Eligible Employees.--For purposes of this section, an eligible 
employee is an employee of the Department of Defense, serving under an 
appointment without time limitation, who has been employed by the 
Department of Defense for a continuous period of at least 12 months and 
who has been given notice of separation pursuant to a reduction in 
force, except that such term does not include--
        ``(1) a reemployed annuitant under subchapter III of chapter 83 
    of title 5, United States Code, chapter 84 of such title, or another 
    retirement system for employees of the Government;
        ``(2) an employee who, upon separation from Federal service, is 
    eligible for an immediate annuity under subchapter III of chapter 83 
    of title 5, United States Code, or subchapter II of chapter 84 of 
    such title; or
        ``(3) an employee who is eligible for disability retirement 
    under any of the retirement systems referred to in paragraph (1).
    ``(c) Retraining Incentive.--(1) Under the pilot program, the 
Secretary may enter into an agreement with a non-Federal employer under 
which the non-Federal employer agrees--
        ``(A) to employ a person referred to in subsection (a) for at 
    least 12 months for a salary which is mutually agreeable to the 
    employer and such person; and
        ``(B) to certify to the Secretary the cost incurred by the 
    employer for any necessary training provided to such person in 
    connection with the employment by that employer.
    ``(2) The Secretary shall pay a retraining incentive to the non-
Federal employer upon the employee's completion of 12 months of 
continuous employment by that employer. Subject to subsection (f), the 
Secretary shall prescribe the amount of the incentive.
    ``(3) The Secretary shall pay a prorated amount of the full 
retraining incentive to the non-Federal employer for an employee who 
does not remain employed by the non-Federal employer for at least 12 
months.
    ``(4) In no event may the amount of the retraining incentive paid 
for the training of any one person under the pilot program exceed the 
amount certified for that person under paragraph (1).
    ``(d) Relocation Incentive.--The Secretary may pay a relocation 
incentive to an eligible employee if it is necessary for the employee to 
relocate in order to commence employment with a non-Federal employer 
under the pilot program. Subject to subsection (f), the amount of the 
incentive shall be equal to the total amount authorized to be paid for 
travel, transportation, and subsistence expenses under subchapter II of 
chapter 57 of title 5, United States Code, including the reimbursements 
authorized under section 5724b of such title, to a Federal employee 
being transferred between the same locations as the person paid the 
incentive.
    ``(e) Approval of Secretary of Defense.--The Secretary of a military 
department or the head of a Defense Agency may offer an incentive under 
the pilot program with the prior approval of the Secretary of Defense or 
pursuant to a delegation of authority by the Secretary of Defense.
    ``(f) Limitation.--The total amount of incentives paid in the case 
of a person under the pilot program may not exceed $10,000.
    ``(g) Duration.--No incentive may be paid under the pilot program 
for training or relocations commenced after September 30, 1999.
    ``(h) Definitions.--In this section:
        ``(1) The term `non-Federal employer' means an employer that is 
    not an Executive agency, as defined in section 105 of title 5, 
    United States Code, or the legislative or judicial branch of the 
    Federal Government.
        ``(2) The term `Defense Agency' has the meaning given such term 
    in section 101(a)(11) of title 10, United States Code.''


            Skill Training Programs in Department of Defense

    Section 4435 of Pub. L. 102-484 provided that:
    ``(a) Authority.--(1) Under regulations prescribed by the Secretary 
of Defense, the Secretaries of the military departments, and the 
Secretary of Defense with respect to employees of the Department of 
Defense other than employees of the military departments, may provide 
not more than one year of training in training facilities of the 
Department to civilian employees of the Department of Defense who are 
separated from employment as a result of a reduction in force or a 
closure or realignment of a military installation.
    ``(2) Training may be provided under this subsection during the 
period beginning on October 1, 1992, and ending on September 30, 1995.
    ``(b) Register of Training Programs.--Not later than February 1, 
1993, the Secretary of Defense, in consultation with the Secretary of 
Labor and the Director of the Office of Personnel Management, shall 
publish a register of the skill training programs carried out by the 
Department of Defense. The register shall--
        ``(1) include a list of the skill training programs;
        ``(2) provide information on the location of such programs, the 
    training provided under such programs, and the number of persons who 
    may receive training under such programs; and
        ``(3) identify the programs that provide training in skills that 
    are useful to employees in the civilian work force.''


    Involuntary Reductions of Civilian Personnel in Fiscal Year 1991

    Section 322(b) of Pub. L. 101-510 provided that: ``After the date of 
the enactment of this Act [Nov. 5, 1990], an agency or component of the 
Department of Defense may 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 submits a report to Congress outlining the reasons 
why such reductions or furloughs are required and including a 
description of any changes in workload and manpower requirements that 
will result from those reductions or furloughs.''
