Title 10 — Armed Forces
Part IV · Chapter 146 — Contracting for Performance of Civilian Commercial or Industrial Type Functions
§ 2472. Prohibition on management of depot employees by end strength
Statutory text
The civilian employees of the Department of Defense, including the civilian employees of the military departments and the Defense Agencies, who perform, or are involved in the performance of, depot-level maintenance and repair workloads may not be 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. Such employees shall be managed solely on the basis of the available workload and the funds made available for such depot-level maintenance and repair.
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.
National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title III § 312(a) · 110 Stat. 186
Enacted · 10 U.S.C. § 2472
Added and amended Pub. L. 104–106, div. A, title III, § 312(a), (b), Feb. 10, 1996, 110 Stat. 250
Source evidence
Code source credit
Added and amended Pub. L. 104–106, div. A, title III, § 312(a), (b), Feb. 10, 1996, 110 Stat. 250Enacted provision · exact public law section
(a) Depot Employees.— Chapter 146 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2472. Management of depot employees “(b) Annual Report.— Not later than December 1 of each fiscal year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on the number of employees employed and expected to be employed by the Department of Defense during that fiscal year to perform depot-level maintenance and repair of materiel. The report shall indicate whether that number is sufficient to perform the depot-level maintenance and repair functions for which funds are expected to be provided for that fiscal year for performance by Department of Defense employees.”.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 312(b) · 110 Stat. 186
Changed · 10 U.S.C. § 2472(a)
Pub. L. 104–106, § 312(b), renumbered section 2466(b) of this title as subsec. (a) of this section
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–106, § 312(b), renumbered section 2466(b) of this title as subsec. (a) of this section.Enacted provision · exact public law section
(b) Transfer of Subsection.— Subsection (b) of section 2466 of title 10, United States Code, is transferred to section 2472 of such title, as added by subsection (a), redesignated as subsection (a), and inserted after the section heading.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 div. A title III § 360 · 111 Stat. 1629
Inserted · 10 U.S.C. § 2472(a)
Pub. L. 105–85 inserted first sentence
Struck · 10 U.S.C. § 2472(a)
Pub. L. 105–85 struck out former first sentence which read as follows: “The civilian employees of the Department of Defense involved in the depot-level maintenance and repair of materiel may not be managed on the basis of any end-strength constraint or limitation on the number of such employees who may be employed on the last day of a fiscal year.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–85 inserted first sentence and struck out former first sentence which read as follows: “The civilian employees of the Department of Defense involved in the depot-level maintenance and repair of materiel may not be managed on the basis of any end-strength constraint or limitation on the number of such employees who may be employed on the last day of a fiscal year.”Enacted provision · exact public law section
SEC. 360. CLARIFICATION OF PROHIBITION ON MANAGEMENT OF DEPOT EMPLOYEES BY CONSTRAINTS ON PERSONNEL LEVELS. Section 2472(a) of title 10, United States Code, is amended by striking out the first sentence and inserting in lieu thereof the following: “The civilian employees of the Department of Defense, including the civilian employees of the military departments and the Defense Agencies, who perform, or are involved in the performance of, depot-level maintenance and repair workloads may not be 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.”.Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512
Substituted · 10 U.S.C. § 2472(b)
Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.Enacted provision · exact public law section
(1) Title 10, United States Code.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 div. A title III § 322(a) · 118 Stat. 1811
Substituted · 10 U.S.C. § 2472
Pub. L. 108–375 substituted “Prohibition on management of depot employees by end strength” for “Management of depot employees” in section catchline
Struck · 10 U.S.C. § 2472
Pub. L. 108–375 struck out subsec. (a) designation and heading before “The civilian”
Struck · 10 U.S.C. § 2472
Pub. L. 108–375 struck out heading and text of subsec. (b). Text read as follows: “Not later than December 1 of each fiscal year, the Secretary of Defense 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 number of employees employed and expected to be employed by the Department of Defense during that fiscal year to perform depot-level maintenance and repair of materiel. The report shall indicate whether that number is sufficient to perform the depot-level maintenance and repair functions for which funds are expected to be provided for that fiscal year for performance by Department of Defense employees.”
Source evidence
Code amendment note
Pub. L. 108–375 substituted “Prohibition on management of depot employees by end strength” for “Management of depot employees” in section catchline, struck out subsec. (a) designation and heading before “The civilian”, and struck out heading and text of subsec. (b). Text read as follows: “Not later than December 1 of each fiscal year, the Secretary of Defense 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 number of employees employed and expected to be employed by the Department of Defense during that fiscal year to perform depot-level maintenance and repair of materiel. The report shall indicate whether that number is sufficient to perform the depot-level maintenance and repair functions for which funds are expected to be provided for that fiscal year for performance by Department of Defense employees.”Enacted provision · exact public law section
(a) Repeal.— Section 2472 of title 10, United States Code, is amended— (1) by striking “(a) Prohibition on Management by End Strength.—”; and (2) by striking subsection (b).
8 of 8 references resolved to an enrolled provision
Editorial Notes
Codification
The text of section 2466(b) of this title, which was transferred to this section and redesignated subsec. (a) by Pub. L. 104–106, § 312(b), was based on Pub. L. 102–190, div. A, title III, § 314(a)(1), , 105 Stat. 1336; Pub. L. 103–337, div. A, title III, § 332(b), , 108 Stat. 2715.
Amendments1996–2004 · 4 rounds
2004
Pub. L. 108–375 substituted “Prohibition on management of depot employees by end strength” for “Management of depot employees” in section catchline, struck out subsec. (a) designation and heading before “The civilian”, and struck out heading and text of subsec. (b). Text read as follows: “Not later than December 1 of each fiscal year, the Secretary of Defense 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 number of employees employed and expected to be employed by the Department of Defense during that fiscal year to perform depot-level maintenance and repair of materiel. The report shall indicate whether that number is sufficient to perform the depot-level maintenance and repair functions for which funds are expected to be provided for that fiscal year for performance by Department of Defense employees.”
1999
Subsec. (b). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
1997
Subsec. (a). Pub. L. 105–85 inserted first sentence and struck out former first sentence which read as follows: “The civilian employees of the Department of Defense involved in the depot-level maintenance and repair of materiel may not be managed on the basis of any end-strength constraint or limitation on the number of such employees who may be employed on the last day of a fiscal year.”
1996
Subsec. (a). Pub. L. 104–106, § 312(b), renumbered section 2466(b) of this title as subsec. (a) of this section.
Statutory Notes and Related Subsidiaries
Submission of Initial Report
Pub. L. 104–106, div. A, title III, § 312(c), , 110 Stat. 250, required the report under subsec. (b) of this section for fiscal year 1996 to be submitted not later than .
Credits
1996–2004 · 4 acts
- 1996Added and amended Pub. L. 104–106, div. A, title III, § 312(a), (b), , 110 Stat. 250
- 1997Pub. L. 105–85, div. A, title III, § 360, , 111 Stat. 1700
- 1999Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774
- 2004Pub. L. 108–375, div. A, title III, § 322(a), (b)(1), , 118 Stat. 1846.
Show as published
(Added and amended Pub. L. 104–106, div. A, title III, § 312(a), (b), , 110 Stat. 250; Pub. L. 105–85, div. A, title III, § 360, , 111 Stat. 1700; Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774; Pub. L. 108–375, div. A, title III, § 322(a), (b)(1), , 118 Stat. 1846.)