2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part I - ORGANIZATION AND GENERAL MILITARY POWERS (§§ 101 - 498)
Chapter 4 - OFFICE OF THE SECRETARY OF DEFENSE (§§ 131 - 144)
Section 143 - Office of the Secretary of Defense personnel: limitation
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 143 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 105-85, div. A, title IX, §911(d)(1), Nov. 18, 1997, 111 Stat. 1859; amended Pub. L. 106-65, div. A, title IX, §921(c), Oct. 5, 1999, 113 Stat. 723. |
Statutes at Large References | 110 Stat. 2617 111 Stat. 1859, 1860 113 Stat. 723 122 Stat. 4619 123 Stat. 2492 124 Stat. 4375 |
Public Law References | Public Law 104-201, Public Law 105-85, Public Law 106-65, Public Law 110-417, Public Law 111-84, Public Law 111-383 |
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(a)
(b) OSD
(c)
(Added Pub. L. 105–85, div. A, title IX, §911(d)(1), Nov. 18, 1997, 111 Stat. 1859; amended Pub. L. 106–65, div. A, title IX, §921(c), Oct. 5, 1999, 113 Stat. 723.)
CODIFICATIONSection, as added by Pub. L. 105–85, consists of text of Pub. L. 104–201, div. A, title IX, §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 L. 104–201, which was formerly set out as a note under section 131 of this title, was repealed by Pub.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, §911(d)(3), Nov. 18, 1997, 111 Stat. 1860.
AMENDMENTS1999—Subsec. (a). Pub. L. 106–65, §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, §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, §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, §921(c)(3), redesignated subsecs. (d) and (e) as (b) and (c), respectively.
Subsec. (f). Pub. L. 106–65, §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 AMENDMENTPub. L. 106–65, div. A, title IX, §921(c), Oct. 5, 1999, 113 Stat. 723, provided that the amendment made by section 921(c) is effective Oct. 1, 1999.
EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON PERSONNELPub. L. 110–417, [div. A], title XI, §1111, Oct. 14, 2008, 122 Stat. 4619, as amended by Pub. L. 111–84, div. A, title XI, §1109(a), Oct. 28, 2009, 123 Stat. 2492; Pub. L. 111–383, div. A, title X, §1075(e)(17), Jan. 7, 2011, 124 Stat. 4375, provided that:
"(a)
"(1) acquisition personnel hired pursuant to the expedited hiring authority provided in section 1705(h) of title 10, United States Code, as amended by section 833 of this Act, or otherwise hired with funds in the Department of Defense Acquisition Workforce Development Fund established in accordance with section 1705(a) of such title; or
"(2) personnel hired pursuant to a shortage category designation by the Secretary of Defense or the Director of the Office of Personnel Management.
"(b)
"(1) fill a gap in the civilian workforce of the Department of Defense identified by the Secretary of Defense in a strategic human capital plan submitted to Congress in accordance with the requirements of section 115b of such title; or
"(2) accommodate increases in workload or modify the type of personnel required to accomplish work, for any of the following purposes:
"(A) Performance of inherently governmental functions.
"(B) Performance of work pursuant to section 2463 of title 10, United States Code.
"(C) Ability to maintain sufficient organic expertise and technical capability.
"(D) Performance of work that, while the position may not exercise an inherently governmental function, nevertheless should be performed only by officers or employees of the Federal Government or members of the Armed Forces because of the critical nature of the work."
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