10 U.S.C. § 129 : US Code - Section 129: Prohibition of certain civilian personnel management constraints

Search 10 U.S.C. § 129 : US Code - Section 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 total force management policies and procedures established
    under section 129a of this title, (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 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 as determined under the total force management
    policies and procedures established under section 129a of this
    title.
      (e) Subsections (a), (b), and (c) apply to the Major Range and
    Test Facility Base (MRTFB) at the installation level.
      (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).