2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part I - ORGANIZATION AND GENERAL MILITARY POWERS (§§ 101 - 498)
Chapter 3 - GENERAL POWERS AND FUNCTIONS (§§ 121 - 130f)
Section 129a - General policy for total force management
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 3 - GENERAL POWERS AND FUNCTIONS Sec. 129a - General policy for total force management |
Contains | section 129a |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 101-510, div. A, title XIV, §1483(b)(2), Nov. 5, 1990, 104 Stat. 1715; amended Pub. L. 112-81, div. A, title IX, §931(a), Dec. 31, 2011, 125 Stat. 1541. |
Statutes at Large References | 101 Stat. 1329-43 102 Stat. 2270-30 103 Stat. 1147 104 Stat. 1715, 1888 105 Stat. 1184 106 Stat. 1914 107 Stat. 1449 108 Stat. 2626 109 Stat. 658 110 Stat. 429, 2734 125 Stat. 1541 126 Stat. 1896 127 Stat. 733 |
Public Law References | Public Law 100-202, Public Law 100-463, Public Law 101-165, Public Law 101-510, Public Law 101-511, Public Law 102-172, Public Law 102-396, Public Law 103-139, Public Law 103-335, Public Law 104-61, Public Law 104-106, Public Law 104-201, Public Law 105-270, Public Law 112-81, Public Law 112-239, Public Law 113-66 |
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(a)
(b)
(c)
(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 Under Secretary shall notify the congressional defense committees of any deviations from such policies and procedures that are recommended in the budget.
(d)
(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)
(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)
(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).
(Added Pub. L. 101–510, div. A, title XIV, §1483(b)(2), Nov. 5, 1990, 104 Stat. 1715; amended Pub. L. 112–81, div. A, title IX, §931(a), Dec. 31, 2011, 125 Stat. 1541.)
PRIOR PROVISIONSProvisions 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—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."
STRATEGIC POLICY FOR THE RETROGRADE, RECONSTITUTION, AND REPLACEMENT OF OPERATING FORCES USED TO SUPPORT OVERSEAS CONTINGENCY OPERATIONSPub. L. 113–66, div. A, title III, §324, Dec. 26, 2013, 127 Stat. 733, provided that:
"(a)
"(1)
"(2)
"(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.
"(b)
"(1)
"(2)
"(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)
"(c)
Pub. L. 112–239, div. A, title IX, §955, Jan. 2, 2013, 126 Stat. 1896, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(1) Civilian personnel expenses for personnel as follows:
"(A) Personnel in Mission Critical Occupations, as defined by the Civilian Human Capital Strategic Plan of the Department of Defense and the Acquisition Workforce Plan of the Department of Defense.
"(B) Personnel employed at facilities providing core logistics capabilities pursuant to section 2464 of title 10, United States Code.
"(C) Personnel in the Offices of the Inspectors General of the Department of Defense.
"(2) Service contractor expenses for personnel as follows:
"(A) Personnel performing maintenance and repair of military equipment.
"(B) Personnel providing medical services.
"(C) Personnel performing financial audit services.
"(3) Personnel expenses for personnel in the civilian personnel workforce or service contractor workforce performing such other critical functions as may be identified by the Secretary as requiring exemption in the interest of the national defense.
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(g)
"(h)
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 SUPERVISEDPub. 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.
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