
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC130a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                 CHAPTER 3--GENERAL POWERS AND FUNCTIONS
 
Sec. 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, Sec. 911(a)(1), Nov. 18, 1997, 
111 Stat. 1857; amended Pub. L. 106-65, div. A, title IX, 
Sec. 921(a)(1), Oct. 5, 1999, 113 Stat. 722; Pub. L. 106-398, Sec. 1 
[[div. A], title IX, Sec. 941], Oct. 30, 2000, 114 Stat. 1654, 1654A-
241.)


                               Amendments

    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.


                          Implementation Report

    Pub. L. 105-85, div. A, title IX, Sec. 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.
