Title 10Armed ForcesRelease 119-73

§1597 Civilian positions: guidelines for reductions

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 81— - CIVILIAN EMPLOYEES › § 1597

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must write rules for how civilian jobs in the Department of Defense are cut. The rules must not conflict with section 129 or section 129a. The rules must set the order for reviewing jobs: first foreign national workers overseas, then other overseas civilian workers, then overhead and admin jobs in U.S. headquarters or field offices, and last direct operating or production jobs in the U.S. The Secretary can change the order only if it is critical to national security, and must tell Congress right away and explain why. No involuntary cuts, furloughs, or any major cut of more than 50 civilian jobs in a military department, Defense Agency, or other DoD component can start until 45 days after the Secretary sends Congress a report explaining the need and the expected workload or job changes. That report and notices to the defense committees and local Members of Congress must list billet, activity name, total employees at the location, number separated by billet, reason, steps to reduce impact, and savings and costs. When deciding who to separate, the Department must consider employee performance under any applicable performance system.

Full Legal Text

Title 10, §1597

Armed Forces — Source: USLM XML via OLRC

(a)Reductions in the number of civilian positions of the Department of Defense during a fiscal year, if any, shall be carried out in accordance with the guidelines established pursuant to subsection (b).
(b)The Secretary of Defense shall establish guidelines for the manner in which reductions in the number of civilian positions of the Department of Defense are made. In establishing the guidelines, the Secretary shall ensure that nothing in the guidelines conflicts with the requirements of section 129 of this title or the policies and procedures established under section 129a of this title. The guidelines shall include procedures for reviewing civilian positions for reductions according to the following order:
(1)Positions filled by foreign national employees overseas.
(2)All other positions filled by civilian employees overseas.
(3)Overhead, indirect, and administrative positions in headquarters or field operating agencies in the United States.
(4)Direct operating or production positions in the United States.
(c)The Secretary of Defense may permit a variation from the guidelines established under subsection (b) if the Secretary determines that such variation is critical to the national security. The Secretary shall immediately notify the Congress of any such variation and the reasons for such variation.
(d)The Secretary of Defense may not implement any involuntary reduction 11 So in original. Probably should be followed by a comma. furlough, or significant reduction of over 50 civilian positions in a military department, Defense Agency, or other component of the Department of Defense until the expiration of the 45-day period beginning on the date on which the Secretary submits to Congress a report setting forth the reasons why such reductions or furloughs are required and a description of any change in workload or positions requirements that will result from such reductions or furloughs. The Secretary shall notify the congressional defense committees and each Member of Congress representing the area in which reductions are ordered. Such notification shall include billet, activity name, number of employees at the location, number of employees involuntarily separated by billet, reason for the personnel action, actions to mitigate reductions, and savings and costs.
(e)The Secretary of Defense shall establish procedures to provide that, in implementing any reduction in force for civilian positions in the Department of Defense in the competitive service or the excepted service, the determination of which employees shall be separated from employment in the Department shall, among other factors as determined by the Secretary, account for employee performance, as determined under any applicable performance management system.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (d). Pub. L. 119–60 inserted “or Significant” after “Involuntary” in heading, substituted “furlough, or significant reduction of over 50” for “or furlough of”, and inserted at end “The Secretary shall notify the congressional defense committees and each Member of Congress representing the area in which reductions are ordered. Such notification shall include billet, activity name, number of employees at the location, number of employees involuntarily separated by billet, reason for the personnel action, actions to mitigate reductions, and savings and costs.” 2021—Subsec. (e). Pub. L. 117–81 substituted “Consideration of Employee Performance in Reductions” for “Reductions Based Primarily on Performance” in heading and “, among other factors as determined by the Secretary, account for employee” for “be made primarily on the basis of” in text. 2017—Subsec. (c). Pub. L. 115–91, § 1051(a)(6)(A)(iii), struck out “or a master plan prepared under subsection (c)” after “established under subsection (b)”. Pub. L. 115–91, § 1051(a)(6)(A)(ii), which directed the “striking” of subsec. (d) as (c), was executed by redesignating subsec. (d) as (c), to reflect the probable intent of Congress. Pub. L. 115–91, § 1051(a)(6)(A)(i), struck out subsec. (c) which related to civilian positions master plan. Subsecs. (d) to (f). Pub. L. 115–91, § 1051(a)(6)(A)(ii), which directed the “striking” of subsecs. (e) and (f) as (d) and (e), respectively, was executed by redesignating subsecs. (e) and (f) as (d) and (e), respectively, to reflect the probable intent of Congress. 2015—Subsec. (f). Pub. L. 114–92 added subsec. (f). 2011—Subsec. (b). Pub. L. 112–81 inserted after first sentence “In establishing the guidelines, the Secretary shall ensure that nothing in the guidelines conflicts with the requirements of section 129 of this title or the policies and procedures established under section 129a of this title.” 1993—Subsec. (a). Pub. L. 103–160, § 363(a)(1), substituted “during a fiscal year” for “during fiscal year 1993”. Subsec. (b). Pub. L. 103–160, § 363(a)(2), struck out “for fiscal year 1993” after “establish guidelines” in introductory provisions. Subsec. (c)(1). Pub. L. 103–160, § 363(b)(1), substituted “for each fiscal year” for “for fiscal year 1994”. Subsec. (c)(3)(A)(v). Pub. L. 103–35, § 201(d)(1)(A)(i), substituted “Defense Agency” for “defense agency”. Subsec. (c)(3)(A)(vii). Pub. L. 103–160, § 363(b)(2), added cl. (vii). Subsec. (c)(3)(C). Pub. L. 103–35, § 201(d)(1)(A)(ii), substituted “Defense Agency” for “defense agency” after “to which the military department,” and “Defense Agency,” for “defense agency” after “for the military department,”. Subsec. (c)(4). Pub. L. 103–160, § 363(b)(3), added par. (4). Subsec. (e). Pub. L. 103–35, § 201(d)(1)(B), substituted “on the date” for “of the date”. 1992—Pub. L. 102–484 substituted “Civilian positions: guidelines for reductions” for “Employees of industrial-type or commercial-type activities: guidelines for future reductions” as section catchline and amended text generally, substituting subsecs. (a) to (e) for former subsecs. (a) to (c).

Statutory Notes and Related Subsidiaries

Pilot Program for Payment of Retraining Expenses Pub. L. 107–107, div. A, title XI, § 1102, Dec. 28, 2001, 115 Stat. 1235, authorized the Secretary of Defense to establish a pilot program to facilitate the reemployment of eligible employees of the Department of Defense who were involuntarily separated due to a reduction in force, relocation as a result of a transfer of function, realignment, or change of duty station, and to pay retraining incentives to encourage non-Federal employers to hire and retain such employees, and provided that no incentive could be paid under such program for training commenced after Sept. 30, 2005. Non-Federal Employment Incentive Pilot Program Pub. L. 103–337, div. A, title III, § 348, Oct. 5, 1994, 108 Stat. 2725, authorized the Secretary of Defense to establish a pilot program for the payment of incentives to facilitate the reemployment of eligible employees of the Department of Defense whose employment with the Department was being terminated by reason of the closure or realignment of the military installations where such persons were employed, to pay retraining and relocation incentives to encourage non-Federal employers to hire and retain such employees, and to pay a relocation incentive to an eligible employee if it was necessary for the employee to relocate in order to commence employment with a non-Federal employer under such program, and provided that no incentive could be paid under such program for training or relocations commenced after Sept. 30, 1999. Skill Training Programs in Department of Defense Pub. L. 102–484, div. D, title XLIV, § 4435, Oct. 23, 1992, 106 Stat. 2722, authorized the Secretaries of the military departments and the Secretary of Defense, during the period beginning on Oct. 1, 1992, and ending on Sept. 30, 1995, to provide not more than one year of training in training facilities of the Department of Defense to civilian employees of the Department who were separated from employment as a result of a reduction in force or a closure or realignment of a military installation, and directed the Secretary to publish a register of the skill training programs carried out by the Department not later than Feb. 1, 1993. Involuntary Reductions of Civilian Personnel in Fiscal Year 1991 Pub. L. 101–510, div. A, title III, § 322(b), Nov. 5, 1990, 104 Stat. 1529, provided that after Nov. 5, 1990, an agency or component of the Department of Defense could not implement any involuntary reductions or furloughs of civilian personnel in industrial-type or commercial-type activities in fiscal year 1991 until 45 days after the date on which the agency or component submitted a report to Congress outlining the reasons why such reductions or furloughs were required.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1597

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73