10 U.S.C. § 1597 — Civilian positions: guidelines for reductions

(a) Requirement of Guidelines for Reductions in Civilian Positions .— Reductions in the number of civilian positions of the Department of Defense during a fiscal year, if any, must be carried out in accordance with the guidelines established under subsection (b). (b) Guidelines .— The Secretary of Defense must 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 must 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 must 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) Exceptions .— 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 must immediately notify the Congress of any such variation and the reasons for such variation. (d) Involuntary or Significant Reductions of Civilian Positions .— The Secretary of Defense may not implement any involuntary reduction 1 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 must notify the congressional defense committees and each Member of Congress representing the area in which reductions are ordered. Such notification must 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) Consideration of Employee Performance in Reductions .— The Secretary of Defense must 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 must be separated from employment in the Department must, among other factors as determined by the Secretary, account for employee performance, as determined under any applicable performance management system.