10 U.S.C. § 1597
10 U.S.C. § 1597
EDITORIAL NOTES
AMENDMENTS2021-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.
- Defense Agency
- The term "Defense Agency" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or(B) that is designated by the Secretary of Defense as a Defense Agency.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.