Title 10 — Armed Forces

Part I · Chapter 3 — General Powers and Functions

§ 129a. General policy for total force management

Statutory text

Policies and Procedures.—

The Secretary of Defense shall establish policies and procedures for determining the most appropriate and cost efficient mix of military, civilian, and contractor personnel to perform the mission of the Department of Defense.

Risk Mitigation Over Cost.—

In establishing the policies and procedures under subsection (a), the Secretary shall clearly provide that attainment of a Department of Defense workforce sufficiently sized and comprised of the appropriate mix of personnel necessary to carry out the mission of the Department and the core mission areas of the armed forces takes precedence over cost. The Secretary may not reduce the civilian workforce programmed full-time equivalent levels, or conduct any reductions or realignments that occur outside the normal programming process (including ad hoc, immediate, or unprogrammed changes) of 50 employees or more implemented before or after the submission of the annual budget request, 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.

Delegation of Responsibilities.—

The Secretary shall delegate responsibility for implementation of the policies and procedures established under subsection (a) as follows:

The Under Secretary of Defense for Personnel and Readiness shall have overall responsibility for guidance to implement such policies and procedures.

The Secretaries of the military departments and the heads of the Defense Agencies shall have overall responsibility for the requirements determination, planning, programming, and budgeting for such policies and procedures. 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—

to avoid duplication of efforts and waste of resources attributable to a component working outside the scope of its responsibilities; and

to ensure that risk, cost, and mission validation and prioritization considerations are consistent with the national defense strategy.

The Under Secretary of Defense for Acquisition and Sustainment shall be responsible for ensuring that the defense acquisition system, as defined in section 3001 of this title, is consistent with such policies and procedures and with implementation pursuant to paragraph (1).

The Under Secretary of Defense (Comptroller) shall be responsible for ensuring that the budget for the Department of Defense is consistent with such policies and procedures. The Under Secretary shall notify the congressional defense committees of any deviations from such policies and procedures that are recommended in the budget.

Use of Plan, Inventory, and List.—

The policies and procedures established by the Secretary under subsection (a) shall specifically require the Department of Defense to use the following when making determinations regarding the appropriate workforce mix necessary to perform its mission:

The inventory of contracts for services required by section 4505(c) of this title.

The list of activities required by the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note).

Considerations in Converting Performance of Functions.—

If conversion of functions to performance by either Department of Defense civilian personnel or contractor personnel is considered, the Under Secretary of Defense for Personnel and Readiness shall ensure compliance with—

section 2463 of this title (relating to guidelines and procedures for use of civilian employees to perform Department of Defense functions); and

section 2461 of this title (relating to public-private competition required before conversion to contractor performance).

Construction With Other Requirements.—

Nothing in this title may be construed as authorizing—

a military department or Defense Agency to directly convert a function to contractor performance without complying with section 2461 of this title;

the use of contractor personnel for functions that are inherently governmental even if there is a military or civilian personnel shortfall in the Department of Defense;

restrictions on the use by a military department or Defense Agency of contractor personnel to perform functions closely associated with inherently governmental functions, provided that—

there are adequate resources to maintain sufficient capabilities within the Department in the functional area being considered for performance by contractor personnel; and

there is adequate Government oversight of contractor personnel performing such functions;

the establishment of numerical goals or budgetary savings targets for the conversion of functions to performance by either Department of Defense civilian personnel or for conversion to performance by contractor personnel; or

the imposition of a civilian hiring freeze that may inhibit the implementation of the policies and procedures established under subsection (a).

Performance of Civilian Functions by Military Personnel.—

Functions performed by civilian personnel should not be performed by military personnel except—

if the Secretary of the military department concerned determines in writing based on mission requirements that the performance of such functions by military personnel 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; or

such functions may be performed by military personnel for a period that does not exceed one year if the Secretary of the military department concerned determines that—

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; and

the military department concerned is in compliance with the policies, procedures, and analysis required by this section and section 129 of this title.

In determining the workforce mix between civilian and military personnel, the Secretary of a military department shall reserve military personnel for the performance of the functions that, in the estimation of the Secretary, are required to be performed by military personnel in order to achieve national defense goals or in order to enable the proper functioning of the military department. In making workforce decisions, the Secretary shall account for the relative budgetary impact of military versus civilian personnel in determining the functions required to be performed by military personnel.

Report to Congressional Defense Committees.—

Not later than 1 year after the date of the enactment of this subsection and annually thereafter, the Secretary of Defense shall submit a report to the congressional defense committees containing the analysis conducted pursuant to subsection (b).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1990
National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 div. A title XIV § 1483(b)(2) · 104 Stat. 1485
Enacted · 10 U.S.C. § 129a
Added Pub. L. 101–510, div. A, title XIV, § 1483(b)(2), Nov. 5, 1990, 104 Stat. 1715
Source evidence
Code source credit
Added Pub. L. 101–510, div. A, title XIV, § 1483(b)(2), Nov. 5, 1990, 104 Stat. 1715
Enacted provision · exact public law section
(2) Such chapter is further amended by inserting after section 129 the following new section: “§129a. General personnel policy “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 job; 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.”.
2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 div. A title IX § 931(a) · 125 Stat. 1298
Amended · 10 U.S.C. § 129a
Pub. 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—
Source evidence
Code amendment note
Pub. 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 job; 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.”
Enacted provision · exact public law section
(a) Revision of General Personnel Policy Section.— Section 129a of title 10, United States Code, is amended to read as follows: “§ 129a. General policy for total force management “(a) Policies and Procedures.— The Secretary of Defense shall establish policies and procedures for determining the most appropriate and cost efficient mix of military, civilian, and contractor personnel to perform the mission of the Department of Defense. “(b) Risk Mitigation Over Cost.— In establishing the policies and procedures under subsection (a), the Secretary shall clearly provide that attainment of a Department of Defense workforce sufficiently sized and comprised of the appropriate mix of personnel necessary to carry out the mission of the Department and the core mission areas of the armed forces (as identified pursuant to section 118b of this title) takes precedence over cost. “(c) Delegation of Responsibilities.— The Secretary shall delegate responsibility for implementation of the policies and procedures established under subsection (a) as follows: “(1) The Under Secretary of Defense for Personnel and Readiness shall have overall responsibility for guidance to implement such policies and procedures. “(2) The Secretaries of the military departments and the heads of the Defense Agencies shall have overall responsibility for the requirements determination, planning, programming, and budgeting for such policies and procedures. “(3) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall be responsible for ensuring that the defense acquisition system, as defined in section 2545 of this title, is consistent with such policies and procedures and with implementation pursuant to paragraph (1). “(4) The Under Secretary of Defense (Comptroller) shall be responsible for ensuring that the budget for the Department of Defense is consistent with such policies and procedures. The Notification. Under Secretary shall notify the congressional defense committees of any deviations from such policies and procedures that are recommended in the budget. “(d) Use of Plan, Inventory, and List.— The policies and procedures established by the Secretary under subsection (a) shall specifically require the Department of Defense to use the following when making determinations regarding the appropriate workforce mix necessary to perform its mission: “(1) The civilian strategic workforce plan (required by section 115b of this title). “(2) The civilian positions master plan (required by section 1597(c) of this title). “(3) The inventory of contracts for services required by section 2330a(c) of this title. “(4) The list of activities required by the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note). “(e) Considerations in Converting Performance of Functions.— If Compliance. conversion of functions to performance by either Department of Defense civilian personnel or contractor personnel is considered, the Under Secretary of Defense for Personnel and Readiness shall ensure compliance with— “(1) section 2463 of this title (relating to guidelines and procedures for use of civilian employees to perform Department of Defense functions); and “(2) section 2461 of this title (relating to public-private competition required before conversion to contractor performance). “(f) Construction With Other Requirements.— Nothing in this title may be construed as authorizing— “(1) a military department or Defense Agency to directly convert a function to contractor performance without complying with section 2461 of this title; “(2) the use of contractor personnel for functions that are inherently governmental even if there is a military or civilian personnel shortfall in the Department of Defense; “(3) restrictions on the use by a military department or Defense Agency of contractor personnel to perform functions closely associated with inherently governmental functions, provided that— “(A) there are adequate resources to maintain sufficient capabilities within the Department in the functional area being considered for performance by contractor personnel; and “(B) there is adequate Government oversight of contractor personnel performing such functions; “(4) the establishment of numerical goals or budgetary savings targets for the conversion of functions to performance by either Department of Defense civilian personnel or for conversion to performance by contractor personnel; or “(5) the imposition of a civilian hiring freeze that may inhibit the implementation of the policies and procedures established under subsection (a).” .
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title IX § 914 · 130 Stat. 2000
Added · 10 U.S.C. § 129a(g)
Pub. L. 114–328 added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 114–328 added subsec. (g).
Enacted provision · exact public law section
SEC. 914. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL. Section 129a of title 10, United States Code, is amended by adding at the end the following new subsection: “(g) Performance of Civilian Functions by Military Personnel.— (1) Functions performed by civilian personnel should not be performed by military personnel except— “(A) if the Secretary of the military department concerned determines in writing based on mission requirements that the performance of such functions by military personnel, including a permanent conversion of such functions to performance by military personnel, is cost-effective or required by a mission; or “(B) 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. “(2) In determining the workforce mix between civilian and military personnel, the Secretary of a military department shall reserve military personnel for the performance of the functions that, in the estimation of the Secretary, are required to be performed by military personnel in order to achieve national defense goals or in order to enable the proper functioning of the military department. In making workforce decisions, the Secretary shall account for the relative budgetary impact of military versus civilian personnel in determining the functions required to be performed by military personnel.” .
2017
National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1081(a)(5) · 131 Stat. 1283
Struck · 10 U.S.C. § 129a(b)
Pub. L. 115–91, § 1081(a)(5), struck out “(as identified pursuant to section 118b of this title)” after “armed forces”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–91, § 1081(a)(5), struck out “(as identified pursuant to section 118b of this title)” after “armed forces”.
Enacted provision · exact public law section
(5) Section 129a(b) is amended by striking “(as identified pursuant to section 118b of this title)”.
2017
National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 1051(a)(6)(B) · 131 Stat. 1283
1. Redesignated · 10 U.S.C. § 129a(d)
  Pub. L. 115–91, § 1051(a)(6)(B), redesignated pars. (3) and (4) as (1) and (2), respectively
2. Struck · 10 U.S.C. § 129a(d)
  Pub. L. 115–91, § 1051(a)(6)(B), struck out former pars. (1) and (2) which read as follows:
Source evidence
Code amendment note
Subsec. (d). Pub. 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 115b of this title). “(2) The civilian positions master plan (required by section 1597(c) of this title).”
Enacted provision · exact public law section
(B) Conforming amendments.— Section 129a(d) is amended— (i) by striking paragraphs (1) and (2); and (ii) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title IX § 933 · 132 Stat. 1636
Substituted · 10 U.S.C. § 129a(g)(1)(A)
Pub. 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”
Source evidence
Code amendment note
Subsec. (g)(1)(A). Pub. 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”.
Enacted provision · exact public law section
SEC. 933. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL. Section 129a(g)(1)(A) of title 10, United States Code, is amended by striking “, including a permanent conversion” and all that follows through the semicolon and inserting “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;”.
2019
National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 902(1) · 133 Stat. 1198
Substituted · 10 U.S.C. § 129a(c)(3)
Pub. L. 116–92, § 902(1), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 116–92, § 902(1), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Enacted provision · exact public law section
(1) Section 129a(c)(3) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
2019
National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 1106 · 133 Stat. 1198
Amended · 10 U.S.C. § 129a(g)(1)(B)
Pub. 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.”
Source evidence
Code amendment note
Subsec. (g)(1)(B). Pub. 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.”
Enacted provision · exact public law section
SEC. 1106. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL. Subparagraph (B) of paragraph (1) of subsection (g) of section 129a of title 10, United States Code, is amended to read as follows: “(B) such functions may be performed by military personnel for a period that does not exceed one year if the Secretary of the military department concerned determines that— “(i) 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; and “(ii) the military department concerned is in compliance with the policies, procedures, and analysis required by this section and section 129 of this title.” .
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 912 · 134 Stat. 3388
Inserted · 10 U.S.C. § 129a(b)
Pub. 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.”
Source evidence
Code amendment note
Subsec. (b). Pub. 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.”
Enacted provision · exact public law section
SEC. 912. LIMITATION ON REDUCTION OF CIVILIAN WORKFORCE. Analysis. Section 129a(b) of title 10, United States Code, is amended by adding at the end the following: “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.”.
Effective date note
Amendment by sections 1808(d)(1) and 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1808(d)(1) · 134 Stat. 3388
Substituted · 10 U.S.C. § 129a(c)(3)
Pub. L. 116–283, § 1808(d)(1), substituted “section 3001” for “section 2545”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 116–283, § 1808(d)(1), substituted “section 3001” for “section 2545”.
Enacted provision · exact public law section
(1) Section 129a(c)(3) of title 10, United States Code, is amended by striking “section 2545” and inserting “section 3001”.
Effective date note
Amendment by sections 1808(d)(1) and 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388
Substituted · 10 U.S.C. § 129a(d)(1)
Pub. L. 116–283, § 1883(b)(2), substituted “section 4505(c)” for “section 2330a(c)”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 116–283, § 1883(b)(2), substituted “section 4505(c)” for “section 2330a(c)”.
Enacted provision · exact public law section
* * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.
Effective date note
Amendment by sections 1808(d)(1) and 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
2023
National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 div. A title IX § 911 · 137 Stat. 136
1. Inserted · 10 U.S.C. § 129a(c)(2)
  Pub. 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—”
2. Added · 10 U.S.C. § 129a(c)(2)
  Pub. L. 118–31 added subpars. (A) and (B)
Source evidence
Code amendment note
Subsec. (c)(2). Pub. 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).
Enacted provision · exact public law section
SEC. 911. ADDITIONAL REQUIREMENTS UNDER GENERAL POLICY FOR TOTAL FORCE MANAGEMENT. Section 129a(c)(2) of title 10, United States Code, is amended by adding at the end the following: “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— “(A) to avoid duplication of efforts and waste of resources attributable to a component working outside the scope of its responsibilities; and “(B) to ensure that risk, cost, and mission validation and prioritization considerations are consistent with the national defense strategy.” .
2025
Pub. L. 119–60 § 1107(b) · 139 Stat. 1074
Inserted · 10 U.S.C. § 129a(b)
Pub. L. 119–60, § 1107(b), inserted “, or conduct any reductions or realignments that occur outside the normal programming process (including ad hoc, immediate, or unprogrammed changes) of 50 employees or more implemented before or after the submission of the annual budget request,” after “full-time equivalent levels”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b). Pub. L. 119–60, § 1107(b), inserted “, or conduct any reductions or realignments that occur outside the normal programming process (including ad hoc, immediate, or unprogrammed changes) of 50 employees or more implemented before or after the submission of the annual budget request,” after “full-time equivalent levels”.
2025
Pub. L. 119–60 § 1107(c) · 139 Stat. 1074
Added · 10 U.S.C. § 129a(h)
Pub. L. 119–60, § 1107(c), added subsec. (h)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (h). Pub. L. 119–60, § 1107(c), added subsec. (h).

14 of 16 references resolved to an enrolled provision · 2 unresolved

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (h), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.

Prior Provisions

Provisions similar to those in this section were contained in section 115(b)(5) of this title, prior to repeal by Pub. L. 101–510, § 1483(a).

Amendments2011–2025 · 8 rounds

2025

Subsec. (b). Pub. L. 119–60, § 1107(b), inserted “, or conduct any reductions or realignments that occur outside the normal programming process (including ad hoc, immediate, or unprogrammed changes) of 50 employees or more implemented before or after the submission of the annual budget request,” after “full-time equivalent levels”.

Subsec. (h). Pub. L. 119–60, § 1107(c), added subsec. (h).

2023

Subsec. (c)(2). Pub. 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. (b). Pub. 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). Pub. L. 116–283, § 1808(d)(1), substituted “section 3001” for “section 2545”.

Subsec. (d)(1). Pub. L. 116–283, § 1883(b)(2), substituted “section 4505(c)” for “section 2330a(c)”.

2019

Subsec. (c)(3). Pub. 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). Pub. 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). Pub. 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. (b). Pub. L. 115–91, § 1081(a)(5), struck out “(as identified pursuant to section 118b of this title)” after “armed forces”.

Subsec. (d). Pub. 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 115b of this title).

“(2) The civilian positions master plan (required by section 1597(c) of this title).”

2016

Subsec. (g). Pub. L. 114–328 added subsec. (g).

2011

Pub. 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 job; 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 Amendment

Amendment by sections 1808(d)(1) and 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Modifications to Total Force Management Requirements

Pub. L. 119–60, div. A, title XI, § 1107(a), Dec. 18, 2025, 139 Stat. 1074, provided that: “Not later than 30 days after the date of the enactment of this Act [Dec. 18, 2025], the Office of the Secretary of Defense shall, in consultation with each Secretary of a military department, provide guidance to each such Secretary on the analysis required under subsection (b) of section 129a of title 10, United States Code. Such guidance shall include defining the seven required elements of the analysis under such subsection, on either a Department-wide or component level.”

Management Innovation Activities

Pub. 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.
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“(b)
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.
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“(2)
Personnel exchange programs with appropriate industry, academic, and government organizations to enhance the capabilities of the defense management workforce.
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“(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.
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“(4)
The designation of appropriate organizations to lead management innovation activities.
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“(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.
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“(6)
Processes to develop, prototype, test, and field new business processes and practices to improve defense management capabilities.
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“(7)
Academic research and educational activities related to defense management missions to promote—
“(A)
development of innovative management concepts;
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“(B)
analyses and addressing of appropriate management challenges; and
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“(C)
development of programs and activities to develop the defense management workforce.
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“(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.
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“(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.
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“(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.
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“(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.”
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Strategic Policy for the Retrograde, Reconstitution, and Replacement of Operating Forces Used To Support Overseas Contingency Operations

Pub. 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.
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“(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.
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“(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.
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“(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).
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“(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.
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“(b)
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.
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“(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.
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“(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.
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“(C)
A description of how the plan will be implemented, including a schedule with milestones to meet the goals of the plan.
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“(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.
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“(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.
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“(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 (b), the Comptroller General of the United States shall review the implementation plan submitted under subsection (b) 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.”
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Savings To Be Achieved in Civilian Personnel Workforce and Service Contractor Workforce of the Department of Defense

Pub. 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 Pub. L. 114–328, div. A, title IX, § 915, Dec. 23, 2016, 130 Stat. 2350.

Conversion of Military Positions to Civilian Positions

Pub. L. 104–106, div. A, title X, § 1032, Feb. 10, 1996, 110 Stat. 429, as amended by Pub. 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 Supervised

Pub. 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:

Pub. L. 103–335, title VIII, § 8036, Sept. 30, 1994, 108 Stat. 2626.

Pub. L. 103–139, title VIII, § 8040, Nov. 11, 1993, 107 Stat. 1449.

Pub. L. 102–396, title IX, § 9053, Oct. 6, 1992, 106 Stat. 1914.

Pub. L. 102–172, title VIII, § 8055, Nov. 26, 1991, 105 Stat. 1184.

Pub. L. 101–511, title VIII, § 8063, Nov. 5, 1990, 104 Stat. 1888.

Pub. L. 101–165, title IX, § 9085, Nov. 21, 1989, 103 Stat. 1147.

Pub. L. 100–463, title VIII, § 8079, Oct. 1, 1988, 102 Stat. 2270–30.

Pub. L. 100–202, § 101(b) [title VIII, § 8105], Dec. 22, 1987, 101 Stat. 1329–43, 1329–81.