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U.S. Code, Title 10, Armed Forces
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 130a. Major Department of Defense Headquarters Activities Personnel: Limitation
(a) Limitation.—Effective October 1, 2002, the number of major headquarters activities personnel in the Department of Defense may not exceed 85 percent of the baseline number.
(b) Phased Reduction.—The number of major headquarters activities personnel in the Department of Defense—
(1) as of October 1, 2000, may not exceed 95 percent of the baseline number; and
(2) as of October 1, 2001, may not exceed 90 percent of the baseline number.
(c) Baseline Number.—In this section, the term "baseline number" means the number of major headquarters activities personnel in the Department of Defense as of October 1, 1999.
(d) Major Headquarters Activities.—(1) For purposes of this section, major headquarters activities are those headquarters (and the direct support integral to their operation) the primary mission of which is to manage or command the programs and operations of the Department of Defense, the Department of Defense components, and their major military units, organizations, or agencies. Such term includes management headquarters, combatant headquarters, and direct support.
(2) The specific elements of the Department of Defense that are major headquarters activities for the purposes of this section are those elements identified as Major DoD Headquarters Activities in accordance with Department of Defense Directive 5100.73, entitled "Major Department of Defense Headquarters Activities", issued on May 13, 1999. The provisions of that directive applicable to identification of any activity as a "Major DoD Headquarters Activity" may not be changed except as provided by law.
(e) Major Headquarters Activities Personnel.—In this section, the term "major headquarters activities personnel" means military and civilian personnel of the Department of Defense who are assigned to, or employed in, functions in major headquarters activities.
(f) Limitation on Reassignment of Functions.—In carrying out reductions in the number of personnel assigned to, or employed in, major headquarters activities in order to comply with this section, the Secretary of Defense and the Secretaries of the military departments may not reassign functions in order to evade the requirements of this section.
(g) Flexibility.—(1) If during fiscal year 2001 or fiscal year 2002 the Secretary of Defense determines, and certifies to Congress, that the limitation under subsection (a), or a limitation under subsection (b), would adversely affect United States national security, the Secretary may take any of the following actions:
(A) Increase the percentage specified in subsection (b)(1) by such amount as the Secretary determines necessary or waive the limitation under that subsection.
(B) Increase the percentage specified in subsection (b)(2) by such amount as the Secretary determines necessary, not to exceed a cumulative increase of 7.5 percentage points.
(C) Increase the percentage specified in subsection (a) by such amount as the Secretary determines necessary, not to exceed a cumulative increase of 7.5 percentage points.
(2) Any certification under paragraph (1) shall include notice of the specific waiver or increases made pursuant to the authority provided in that paragraph.
(Added Pub. L. 105–85, div. A, title IX, § 911(a)(1), Nov. 18, 1997, 111 Stat. 1857; amended Pub. L. 106–65, div. A, title IX, § 921(a)(1), Oct. 5, 1999, 113 Stat. 722; Pub. L. 106–398, § 1 [[div. A], title IX, § 941], Oct. 30, 2000, 114 Stat. 1654, 1654A–241.)
2000—Subsec. (g). Pub. L. 106–398 added subsec. (g).
1999—Pub. L. 106–65 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) to (g) limiting and requiring phased reductions in management headquarters and headquarters support activities personnel.
Pub. L. 105–85, div. A, title IX, § 911(b), Nov. 18, 1997, 111 Stat. 1858, provided that not later than Jan. 15, 1998, the Secretary of Defense was to submit to Congress a report containing a plan to achieve the personnel reductions required by this section as added by section 911(a) of Pub. L. 105–85.
Contents:
Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 130a. Major Department of Defense Headquarters Activities Personnel: Limitation," U.S. Code, Title 10, Armed Forces in U.S. Code, Title 10, Armed Forces (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed April 18, 2024, http://www.originalsources.com/Document.aspx?DocID=DL9BTHATRC4JXSP.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 130a. Major Department of Defense Headquarters Activities Personnel: Limitation." U.S. Code, Title 10, Armed Forces, in U.S. Code, Title 10, Armed Forces, Washington, D.C., Government Printing Office, 2002, Original Sources. 18 Apr. 2024. http://www.originalsources.com/Document.aspx?DocID=DL9BTHATRC4JXSP.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 130a. Major Department of Defense Headquarters Activities Personnel: Limitation' in U.S. Code, Title 10, Armed Forces. cited in 2002, U.S. Code, Title 10, Armed Forces, Government Printing Office, Washington, D.C.. Original Sources, retrieved 18 April 2024, from http://www.originalsources.com/Document.aspx?DocID=DL9BTHATRC4JXSP.
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