10 U.S.C. § 129
10 U.S.C. § 129
EDITORIAL NOTES
AMENDMENTS2021-Subsec. (a). Pub. L. 117-81, in first sentence, substituted "solely" for "primarily" and, in second sentence, struck out "solely" after "shall not be subject". 2019-Subsec. (a). Pub. L. 116-92, §1103(1), in first sentence, substituted "each fiscal year primarily" for "each fiscal year", and in second sentence, substituted "The management of such personnel in any fiscal year shall not be subject solely to any" for "Any" and struck out "shall be developed on the basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances" after "number of employees".Subsec. (c)(2)(A). Pub. L. 116-92, §1103(2)(A), inserted "and associated cost" after "projected size".Subsec. (c)(2)(B). Pub. L. 116-92, §1103(2), inserted "and associated cost" after "projected size" in two places and substituted "to reduce the overall costs of the total force of military, civilian, and contract workforces." for "that have been taken to identify offsetting reductions and avoid unnecessary overall growth in the size of the civilian workforce."2016- Pub. L. 114-328, §1101(b)(1), amended section catchline generally, substituting "Civilian personnel management" for "Prohibition of certain civilian personnel management constraints".Subsec. (a). Pub. L. 114-328, §1101(a)(1), in first sentence, struck out "solely" before "on the basis", in second sentence, substituted "Any" for "The management of such personnel in any fiscal year shall not be subject to any" and inserted "shall be developed on the basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances" after "employees", and in third sentence, substituted "except in accordance with the requirements of this section and section 129a of this title." for "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."Subsec. (b). Pub. L. 114-328, §1101(a)(2), (3), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to the number of, and the amount of funds available to be paid to, indirectly funded Government employees of the Department of Defense. Subsec. (c). Pub. L. 114-328, §1101(a)(2), (4), added subsec. (c) and struck out former subsec. (c) which defined the term "indirectly funded Government employees".Subsecs. (d) to (f). Pub. L. 114-328, §1101(a)(2), (3), redesignated subsec. (d) as (b) and struck out subsecs. (e) and (f) which read as follows:"(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)." 2011-Subsec. (a). Pub. L. 112-81, §932(1), inserted "the total force management policies and procedures established under section 129a of this title, (2)" after "(1)" and substituted "department, and (3)" for "department and (2)".Subsec. (d). Pub. L. 112-81, §932(2), substituted "within that budget activity as determined under the total force management policies and procedures established under section 129a of this title." for "within that budget activity for which funds are provided for that fiscal year."Subsec. (e). Pub. L. 112-81, §932(3), struck out at end "With respect to the MRTFB structure, the term 'funds made available' includes both direct appropriated funds and funds provided by MRTFB customers."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, §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, §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, §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, §1603(1), inserted ",the Major Range and Test Facility Base," after "industrial-type activities".Subsec. (d). Pub. L. 104-106, §1031(3), added subsec. (d).Subsec. (e). Pub. L. 104-201, §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.
- includes
- "includes" means "includes but is not limited to"; and
- Defense Agency
- The term "Defense Agency" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or(B) that is designated by the Secretary of Defense as a Defense Agency.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.