
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: 10USC143]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
              CHAPTER 4--OFFICE OF THE SECRETARY OF DEFENSE
 
Sec. 143. Office of the Secretary of Defense personnel: 
        limitation
        
    (a) Permanent Limitation on OSD Personnel.--The number of OSD 
personnel may not exceed 3,767.
    (b) OSD Personnel Defined.--For purposes of this section, the term 
``OSD personnel'' means military and civilian personnel of the 
Department of Defense who are assigned to, or employed in, functions in 
the Office of the Secretary of Defense (including Direct Support 
Activities of that Office and the Washington Headquarters Services of 
the Department of Defense).
    (c) Limitation on Reassignment of Functions.--In carrying out 
reductions in the number of personnel assigned to, or employed in, the 
Office of the Secretary of Defense in order to comply with this section, 
the Secretary of Defense may not reassign functions solely in order to 
evade the requirements contained in this section.

(Added Pub. L. 105-85, div. A, title IX, Sec. 911(d)(1), Nov. 18, 1997, 
111 Stat. 1859; amended Pub. L. 106-65, div. A, title IX, Sec. 921(c), 
Oct. 5, 1999, 113 Stat. 723.)

                          Codification

    Section, as added by Pub. L. 105-85, consists of text of Pub. L. 
104-201, div. A, title IX, Sec. 903(a)-(f), Sept. 23, 1996, 110 Stat. 
2617. Section 903 of Pub. L. 104-201, which was formerly set out as a 
note under section 131 of this title, was repealed by Pub. L. 105-85, 
div. A, title IX, Sec. 911(d)(3), Nov. 18, 1997, 111 Stat. 1860.


                               Amendments

    1999--Subsec. (a). Pub. L. 106-65, Sec. 921(c)(1), substituted ``The 
number'' for ``Effective October 1, 1999, the number'' and ``3,767'' for 
``75 percent of the baseline number''.
    Subsec. (b). Pub. L. 106-65, Sec. 921(c)(2), (3), redesignated 
subsec. (d) as (b) and struck out heading and text of former subsec. 
(b). Text read as follows: ``The number of OSD personnel--
        ``(1) as of October 1, 1997, may not exceed 85 percent of the 
    baseline number; and
        ``(2) as of October 1, 1998, may not exceed 80 percent of the 
    baseline number.''
    Subsec. (c). Pub. L. 106-65, Sec. 921(c)(2), (3), redesignated 
subsec. (e) as (c) and struck out heading and text of former subsec. 
(c). Text read as follows: ``For purposes of this section, the term 
`baseline number' means the number of OSD personnel as of October 1, 
1994.''
    Subsecs. (d), (e). Pub. L. 106-65, Sec. 921(c)(3), redesignated 
subsecs. (d) and (e) as (b) and (c), respectively.
    Subsec. (f). Pub. L. 106-65, Sec. 921(c)(2), struck out heading and 
text of subsec. (f). Text read as follows: ``If the Secretary of Defense 
determines, and certifies to Congress, that the limitation in subsection 
(b) with respect to any fiscal year would adversely affect United States 
national security, the Secretary may waive the limitation under that 
subsection with respect to that fiscal year. If the Secretary of Defense 
determines, and certifies to Congress, that the limitation in subsection 
(a) during fiscal year 1999 would adversely affect United States 
national security, the Secretary may waive the limitation under that 
subsection with respect to that fiscal year. The authority under this 
subsection may be used only once, with respect to a single fiscal 
year.''


                    Effective Date of 1999 Amendment

    Pub. L. 106-65, div. A, title IX, Sec. 921(c), Oct. 5, 1999, 113 
Stat. 723, provided that the amendment made by section 921(c) is 
effective Oct. 1, 1999.
