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Title 10 — Armed Forces

Part I · Chapter 4 — Office of the Secretary of Defense

§ 143. Office of the Secretary of Defense personnel: limitation

Statutory text

(a)

Permanent Limitation on OSD Personnel.—

The number of OSD personnel may not exceed 4,300.

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title IX § 911(d)(1) · 111 Stat. 1629

    Enacted · 10 U.S.C. § 143

    Added Pub. L. 105–85, div. A, title IX, § 911(d)(1), Nov. 18, 1997, 111 Stat. 1859

    Source evidence

    Code source credit
    Added Pub. L. 105–85, div. A, title IX, § 911(d)(1), Nov. 18, 1997, 111 Stat. 1859

    Enacted provision · exact public law section
    (1) Chapter 4 of title 10, United States Code, is amended by adding at the end a new section 143 consisting of— (A) a heading as follows: “§ 143. Office of the Secretary of Defense personnel: limitation”; and (B) a text consisting of the text of subsections (a) through (f) of section 903 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2617).

  2. Pub. L. 106–65 § 921(c)(1) · 113 Stat. 512

    1. Substituted · 10 U.S.C. § 143(a)

      Pub. L. 106–65, § 921(c)(1), substituted “The number” for “Effective October 1, 1999, the number”

    2. Substituted · 10 U.S.C. § 143(a)

      Pub. L. 106–65, § 921(c)(1), substituted “3,767” for “75 percent of the baseline number”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “Effective October 1, 1999, the” and inserting “The”; and (B) by striking “75 percent of the baseline number” and inserting “3,767”.

    Effective date note
    Pub. 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.

  3. Pub. L. 106–65 § 921(c)(2) · 113 Stat. 512

    1. Redesignated · 10 U.S.C. § 143(b)

      Pub. L. 106–65, § 921(c)(2), (3), redesignated subsec. (d) as (b)

    2. Struck · 10 U.S.C. § 143(b)

      Pub. L. 106–65, § 921(c)(2), (3), struck out heading and text of former subsec. (b). Text read as follows: “The number of OSD personnel—

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (2) by striking subsections (b), (c), and (f); and

    Effective date note
    Pub. 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.

  4. Pub. L. 106–65 § 921(c)(2) · 113 Stat. 512

    1. Redesignated · 10 U.S.C. § 143(c)

      Pub. L. 106–65, § 921(c)(2), (3), redesignated subsec. (e) as (c)

    2. Struck · 10 U.S.C. § 143(c)

      Pub. L. 106–65, § 921(c)(2), (3), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (2) by striking subsections (b), (c), and (f); and

    Effective date note
    Pub. 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.

  5. Pub. L. 106–65 § 921(c)(3) · 113 Stat. 512

    Redesignated · 10 U.S.C. § 143(d); 10 U.S.C. § 143(e)

    Pub. L. 106–65, § 921(c)(3), redesignated subsecs. (d) and (e) as (b) and (c), respectively

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 106–65, § 921(c)(3), redesignated subsecs. (d) and (e) as (b) and (c), respectively.

    Enacted provision · exact public law section
    (3) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively.

    Effective date note
    Pub. 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.

  6. Pub. L. 106–65 § 921(c)(2) · 113 Stat. 512

    Struck · 10 U.S.C. § 143(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (2) by striking subsections (b), (c), and (f); and

    Effective date note
    Pub. 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.

  7. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title IX § 903(a) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 143(b)

    Pub. L. 114–328 substituted “, civilian, and detailed personnel” for “and civilian personnel”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–328 substituted “, civilian, and detailed personnel” for “and civilian personnel”.

    Enacted provision · exact public law section
    (a) Office of the Secretary of Defense.— Section 143(b) of title 10, United States Code, is amended by striking “and civilian personnel” and inserting “, civilian, and detailed personnel”.

  8. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 901(a)(1)(A) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 143(a)

    Pub. L. 116–92, § 901(a)(1)(A), substituted “4,300” for “3,767”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–92, § 901(a)(1)(A), substituted “4,300” for “3,767”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “3,767” and inserting “4,300”; and

  9. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 901(a)(1)(B) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 143(b)

    Pub. L. 116–92, § 901(a)(1)(B), substituted “military and civilian personnel” for “military, civilian, and detailed personnel”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–92, § 901(a)(1)(B), substituted “military and civilian personnel” for “military, civilian, and detailed personnel”.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking “, civilian, and detailed personnel” and inserting “and civilian personnel”.

12 of 12 references resolved to an enrolled provision

Editorial Notes

Codification

Section, as added by Pub. L. 105–85, consists of text of Pub. L. 104–201, div. A, title IX, § 903(a)–(f), , 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), , 111 Stat. 1860.

Amendments1999–2019 · 3 rounds

2019

Subsec. (a). Pub. L. 116–92, § 901(a)(1)(A), substituted “4,300” for “3,767”.

Subsec. (b). Pub. L. 116–92, § 901(a)(1)(B), substituted “military and civilian personnel” for “military, civilian, and detailed personnel”.

2016

Subsec. (b). Pub. L. 114–328 substituted “, civilian, and detailed personnel” for “and civilian personnel”.

1999

Subsec. (a). Pub. L. 106–65, § 921(c)(1), substituted “The number” for “Effective , 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 , may not exceed 85 percent of the baseline number; and

“(2) as of , 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 .”

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.”

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title IX, § 921(c), , 113 Stat. 723, provided that the amendment made by section 921(c) is effective .

Exceptions and Adjustments to Limitations on Personnel

Pub. L. 110–417, [div. A], title XI, § 1111, , 122 Stat. 4619, as amended by Pub. L. 111–84, div. A, title XI, § 1109(a), , 123 Stat. 2492; Pub. L. 111–383, div. A, title X, § 1075(e)(17), , 124 Stat. 4375; Pub. L. 115–232, div. A, title VIII, § 809(b)(1), , 132 Stat. 1840, provided that:

“(a)

Exception to Limitations on Personnel.—

For fiscal year 2009 and fiscal years thereafter, the baseline personnel limitations in sections 143, 194, 7014, 8014, and 9014 of title 10, United States Code (as adjusted pursuant to subsection (b)), shall not apply to—

“(1)

acquisition personnel hired pursuant to the expedited hiring authority provided in section 1705(h) [now 1705(g)] 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)

Authority to Adjust Limitations on Personnel.—

For fiscal year 2009 and fiscal years thereafter, the Secretary of Defense or a Secretary of a military department may adjust the baseline personnel limitations in sections 143, 194, 3014, 5014 and 8014 of title 10, United States Code, to—

“(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 [former] 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.”

Credits

1997–2019 · 4 acts
  1. 1997Added Pub. L. 105–85, div. A, title IX, § 911(d)(1), , 111 Stat. 1859
  2. 1999amended Pub. L. 106–65, div. A, title IX, § 921(c), , 113 Stat. 723
  3. 2016Pub. L. 114–328, div. A, title IX, § 903(a), , 130 Stat. 2344
  4. 2019Pub. L. 116–92, div. A, title IX, § 901(a)(1), , 133 Stat. 1541.
Show as published

(Added Pub. L. 105–85, div. A, title IX, § 911(d)(1), , 111 Stat. 1859; amended Pub. L. 106–65, div. A, title IX, § 921(c), , 113 Stat. 723; Pub. L. 114–328, div. A, title IX, § 903(a), , 130 Stat. 2344; Pub. L. 116–92, div. A, title IX, § 901(a)(1), , 133 Stat. 1541.)

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