Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 115(span)(5) of this title, prior to repeal by Puspan. L. 101–510, § 1483(a).
Amendments2023—Subsec. (c)(2). Puspan. L. 118–31 inserted at end “The Secretary of Defense shall ensure that the requirements determination, planning, programming, and budgeting conducted under this paragraph considers all components of the total force (including active and reserve military, the civilian workforce, and contract support) in a holistic manner—” and added subpars. (A) and (B).
2021—Subsec. (span). Puspan. L. 116–283, § 912, inserted at end “The Secretary may not reduce the civilian workforce programmed full-time equivalent levels unless the Secretary conducts an appropriate analysis of the impacts of such reductions on workload, military force structure, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs.”
Subsec. (c)(3). Puspan. L. 116–283, § 1808(d)(1), substituted “section 3001” for “section 2545”.
Subsec. (d)(1). Puspan. L. 116–283, § 1883(span)(2), substituted “section 4505(c)” for “section 2330a(c)”.
2019—Subsec. (c)(3). Puspan. L. 116–92, § 902(1), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Subsec. (g)(1)(B). Puspan. L. 116–92, § 1106, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “if the performance of such functions by military personnel is required to address critical staffing needs resulting from a reduction in personnel or budgetary resources by reason of an Act of Congress, in which case such functions may not be performed by military personnel for a period in excess of one year.”
2018—Subsec. (g)(1)(A). Puspan. L. 115–232 substituted “is cost-effective, taking into account the fully-burdened costs of the civilian, military, and contractor workforces, including the impact of the performance of such functions on military career progression or when required by military necessity” for “, including a permanent conversion of such functions to performance by military personnel, is cost-effective or required by a mission”.
2017—Subsec. (span). Puspan. L. 115–91, § 1081(a)(5), struck out “(as identified pursuant to section 118span of this title)” after “armed forces”.
Subsec. (d). Puspan. L. 115–91, § 1051(a)(6)(B), redesignated pars. (3) and (4) as (1) and (2), respectively, and struck out former pars. (1) and (2) which read as follows:
“(1) The civilian strategic workforce plan (required by section 115span of this title).
“(2) The civilian positions master plan (required by section 1597(c) of this title).”
2016—Subsec. (g). Puspan. L. 114–328 added subsec. (g).
2011—Puspan. L. 112–81 amended section generally. Prior to amendment, text read as follows: “The Secretary of Defense shall use the least costly form of personnel consistent with military requirements and other needs of the Department. In developing the annual personnel authorization requests to Congress and in carrying out personnel policies, the Secretary shall—
“(1) consider particularly the advantages of converting from one form of personnel (military, civilian, or private contract) to another for the performance of a specified jospan; and
“(2) include in each manpower requirements report submitted under section 115a of this title a complete justification for converting from one form of personnel to another.”
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by sections 1808(d)(1) and 1883(span)(2) of Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.
Management Innovation ActivitiesPuspan. L. 117–81, div. A, title IX, § 908, Dec. 27, 2021, 135 Stat. 1875, provided that:“(a)In General.—The Secretary of Defense shall carry out a set of activities to improve the effectiveness of management activities within the Department of Defense, with the goals of incorporating appropriate private sector management practices and technologies and enhancing the capabilities of the defense management workforce.
“(span)Management Activities.—Subject to the total force management requirements under section 129a of title 10, United States Code, the activities carried out under subsection (a) may include the following:“(1) Public-private partnerships with appropriate private sector and government organizations.
“(2) Personnel exchange programs with appropriate industry, academic, and government organizations to enhance the capabilities of the defense management workforce.
“(3) Research, development, and technology and business process prototyping activities to create new technological capabilities to support management missions, or development and testing of new management concepts and business transformation activities.
“(4) The designation of appropriate organizations to lead management innovation activities.
“(5) A process by which defense business process owners and other personnel of the Department of Defense can identify management and business process challenges and opportunities that could be addressed by activities carried out under this section.
“(6) Processes to develop, prototype, test, and field new business processes and practices to improve defense management capabilities.
“(7) Academic research and educational activities related to defense management missions to promote—“(A) development of innovative management concepts;
“(B) analyses and addressing of appropriate management challenges; and
“(C) development of programs and activities to develop the defense management workforce.
“(8) Academic research and independent studies from federally funded research and development centers assessing lessons learned from previous Departmental management reform initiatives and whether legacy organizations exist and should be consolidated.
“(c)Plan Required.—Not later than February 1, 2023, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for carrying out the activities under this section.
“(d)Briefings.—“(1)Initial briefing.—Not later than July 1, 2022, the Secretary of Defense shall provide to the congressional defense committees an initial briefing on the activities carried out and plans developed under this section.
“(2)Subsequent briefing.—On a date occurring after the briefing under paragraph (1), but not later than July 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a briefing on the activities carried out and plans developed under this section.”
Strategic Policy for the Retrograde, Reconstitution, and Replacement of Operating Forces Used To Support Overseas Contingency OperationsPuspan. L. 113–66, div. A, title III, § 324, Dec. 26, 2013, 127 Stat. 733, provided that:“(a)Establishment of Policy.—“(1)In general.—The Secretary of Defense shall establish a policy setting forth the programs and priorities of the Department of Defense for the retrograde, reconstitution, and replacement of units and materiel used to support overseas contingency operations. The policy shall take into account national security threats, the requirements of the combatant commands, the current readiness of the operating forces of the military departments, and risk associated with strategic depth and the time necessary to reestablish required personnel, equipment, and training readiness in such operating forces.
“(2)Elements.—The policy required under paragraph (1) shall include the following elements:“(A) Establishment and assignment of responsibilities and authorities within the Department for oversight and execution of the planning, organization, and management of the programs to reestablish the readiness of redeployed operating forces.
“(B) Guidance concerning priorities, goals, objectives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant command requirements.
“(C) Oversight reporting requirements and metrics for the evaluation of Department of Defense and military department progress on restoring the readiness of redeployed operating forces in accordance with the policy required under paragraph (1).
“(D) A framework for joint departmental reviews of military services’ annual budgets proposed for retrograde, reconstitution, or replacement activities, including an assessment of the strategic and operational risk assumed by the proposed levels of investment across the Department of Defense.
“(span)Implementation Plan.—“(1)In general.—Not later than 90 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for implementation of the policy required under this section.
“(2)Elements.—The implementation plan required under paragraph (1) shall include the following elements:“(A) The assignment of responsibilities and authorities for oversight and execution of the planning, organization, and management of the programs to reestablish the readiness of redeployed operating forces.
“(B) Establishment of priorities, goals, objectives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant command requirements.
“(C) A description of how the plan will be implemented, including a schedule with milestones to meet the goals of the plan.
“(D) An estimate of the resources by military service and by year required to implement the plan, including an assessment of the risks assumed in the plan.
“(3)Updates.—Not later than one year after submitting the plan required under paragraph (1), and annually thereafter for two years, the Secretary of Defense shall submit to the congressional defense committees an update on progress toward meeting the goals of the plan.
“(c)Comptroller General Report.—Not later than 120 days after the date of the enactment of this Act, and annually after the submittal of each update to the implementation plan under subsection (span), the Comptroller General of the United States shall review the implementation plan submitted under subsection (span) and the policy required by subsection (a), and submit to the congressional defense committees a report describing the findings of such review and progress made toward meeting the goals of the plan and including any additional information relating to the policy and plan that the Comptroller General determines appropriate.”
Savings To Be Achieved in Civilian Personnel Workforce and Service Contractor Workforce of the Department of DefensePuspan. L. 112–239, div. A, title IX, § 955, Jan. 2, 2013, 126 Stat. 1896, which related to efficiencies plan for the civilian personnel workforce and service contractor workforce of the Department of Defense, requiring specific savings, excluding certain expenses, setting reporting requirements, limiting transfers of functions, recommending application of certain funds saved to transition assistance for personnel separated from the Armed Forces, and providing definition of “service contractor workforce”, was repealed by Puspan. L. 114–328, div. A, title IX, § 915, Dec. 23, 2016, 130 Stat. 2350.
Conversion of Military Positions to Civilian PositionsPuspan. L. 104–106, div. A, title X, § 1032, Fespan. 10, 1996, 110 Stat. 429, as amended by Puspan. L. 104–201, div. A, title XVI, § 1601, Sept. 23, 1996, 110 Stat. 2734, directed Secretary of Defense, by Sept. 30, 1996, to convert at least 3,000 military positions to civilian positions and, not later than Mar. 31, 1996, submit to Congress a plan for the implementation of conversion.
Prohibition on Use of Funds To Assign Supervisor’s Title or Grade Based Upon Number of People SupervisedPuspan. L. 104–61, title VIII, § 8031, Dec. 1, 1995, 109 Stat. 658, provided that: “None of the funds appropriated during the current fiscal year and hereafter, may be used by the Department of Defense to assign a supervisor’s title or grade when the number of people he or she supervises is considered as a basis for this determination: Provided, That savings that result from this provision are represented as such in future budget proposals.”
Similar provisions were contained in the following prior appropriation acts:
Puspan. L. 103–335, title VIII, § 8036, Sept. 30, 1994, 108 Stat. 2626.
Puspan. L. 103–139, title VIII, § 8040, Nov. 11, 1993, 107 Stat. 1449.
Puspan. L. 102–396, title IX, § 9053, Oct. 6, 1992, 106 Stat. 1914.
Puspan. L. 102–172, title VIII, § 8055, Nov. 26, 1991, 105 Stat. 1184.
Puspan. L. 101–511, title VIII, § 8063, Nov. 5, 1990, 104 Stat. 1888.
Puspan. L. 101–165, title IX, § 9085, Nov. 21, 1989, 103 Stat. 1147.
Puspan. L. 100–463, title VIII, § 8079, Oct. 1, 1988, 102 Stat. 2270–30.
Puspan. L. 100–202, § 101(span) [title VIII, § 8105], Dec. 22, 1987, 101 Stat. 1329–43, 1329–81.
