I 

116TH CONGRESS 

1ST SESSION H. R. 248 

To provide for a limitation on the number of civilian employees at the 

Department of Defense, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2019 

Mr. CALVERT (for himself, Mr. LAMALFA, and Mr. NUNES) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL 

To provide for a limitation on the number of civilian employees at the Department of Defense, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rebalance for an Ef5 fective Defense Uniformed and Civilian Employees Act’’ 

6 or the ‘‘REDUCE Act’’. 

7 SEC. 2. LIMITATION ON NUMBER OF EMPLOYEES IN THE 

8 DEPARTMENT OF DEFENSE. 

9 (a) LIMITATION ON FTES.— 


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1 (1) IN GENERAL.—Notwithstanding the re2 quirements of section 129 of title 10, United States 

3 Code, and consistent with the requirements of sub4 section (d), in each of fiscal years 2025 through 

5 2029, the number of full-time equivalent civilian po6 sitions in the Department of Defense may not be 

7 greater than 85 percent of the number of such posi8 tions at the Department as of September 30, 2019, 

9 as determined by the Director of the Office of Per10 sonnel Management. 

11 (2) SES.—Of the positions permitted pursuant 

12 to paragraph (1) for fiscal years 2025 through 2029 

13 at the Department of Defense, not more than 1,000 

14 may be career appointee (as defined in section 

15 3132(a)(4) of title 5, United States Code) positions 

16 within the Senior Executive Service. 

17 (b) VOLUNTARY REDUCTIONS.—To achieve the re18 ductions in personnel required by subsection (a), the Sec19 retary of Defense may exercise the authority provided 

20 for— 

21 (1) voluntary separation incentive payments 

22 (subchapter II of chapter 35 of title 5, United 

23 States Code); and 


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1 (2) voluntary early retirement payments (sec2 tions 8336(d)(2)(D) and 8414(b)(1)(B) of such 

3 title). 

4 (c) INVOLUNTARY REDUCTIONS.— 

5 (1) IN GENERAL.—Beginning on October 1, 

6 2020, if voluntary reductions are inadequate to 

7 achieve the limitations provided in subsection (a), 

8 the Secretary of Defense shall separate employees 

9 using involuntary measures, including reductions in 

10 force. 

11 (2) RIF APPLICATION.—Notwithstanding any 

12 other provision of law, rule, or regulation, when ap13 plying retention factors with respect to any employee 

14 during any reduction in force under paragraph (1), 

15 the Secretary of Defense shall assign greater weight 

16 to the performance factor over the other factors if 

17 such employee has a summary rating level of ‘‘fully 

18 successful’’ or better. 

19 (d) ADJUSTMENT OF LIMIT.— 

20 (1) DETERMINATION.—As soon as practicable 

21 after the start of each of fiscal years 2025 through 

22 2029, the Secretary of Defense shall determine the 

23 difference (if any), expressed as a percentage, be24 tween the permanent active duty end strength min25 imum levels in effect under section 691(b) of title 


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1 10, United States Code, for the current fiscal year 

2 and the preceding fiscal year. 

3 (2) ADJUSTMENT.—On the date that the deter4 mination is made under paragraph (1), the Sec5 retary shall adjust the limitations provided under 

6 subsection (a) with respect to the number of total 

7 full-time equivalent positions and Senior Executive 

8 Service positions by a percentage equal to the per9 centage determined under paragraph (1). 

10 (3) ACHIEVEMENT OF ADJUSTMENT.—After 

11 any adjustment under paragraph (2), in order to 

12 achieve the adjusted limitation for the applicable fis13 cal year, the Secretary (as the case may be)— 

14 (A) may hire individuals to occupy full15 time equivalent positions; or 

16 (B) shall separate employees occupying 

17 such positions using the involuntary procedures 

18 provided under subsection (c). 

19 (4) LIMITATION ON ADJUSTMENT.—No adjust20 ment may be made under this subsection that would 

21 result in the number of full-time equivalent positions 

22 and Senior Executive Service positions to be greater 

23 than the limitations on the number of such positions 

24 provided under subsection (a). 

25 (e) REPORTS.— 


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1 (1) SECRETARY OF DEFENSE.—The Secretary 

2 of Defense— 

3 (A) shall include a report in the Sec4 retary’s annual budget request for each of fiscal 

5 years 2021 through 2029 on the progress and 

6 impact of the requirements of this Act; and 

7 (B) may, in addition to the report required 

8 under subparagraph (A), report to Congress on 

9 the impact of such requirements at any time 

10 throughout any of such fiscal years. 

11 (2) GAO.—Not later than 3 years after the 

12 date of the enactment of this Act, the Administrator 

13 of General Services shall submit to Congress a re14 port examining the progress and impact of the re15 quirements of this Act. 

Æ 


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