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Law

Current Legislation | Historical Legislation

Current Legislation

Current fiscal year or applicable in the current year (current information is on-line)

  • Section 8052 of the National Defense Appropriations Act for FY 2002, (PL 107-117) - Prohibits the expenditure of funds to establish a field-operating agency or pay DoD employees who are transferred or reassigned from a headquarters activity if the place of duty remains at the location of that headquarters. Two exceptions apply:

    • The Secretary of Defense or the Secretaries of the Military Departments may waive the limitations on a case-by-case basis if the Secretary determines and certifies to the Committees on Appropriations of the House of Representatives and the Senate that the granting of the waiver will reduce personnel requirements or financial requirements of the Department.

    • Does not apply to field operating agencies funded within the National Foreign Intelligence Program.

    Note: Section 8052 of the National Defense Appropriations Act for FY 2001 (PL 106-259), also includes the same prohibitions and exceptions.

  • US Code, Title 10, Chapter 2, Section 113(c)(1) - The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with: http://www4.law.cornell.edu/uscode/10/113.html (offsite)

    • Section 113(l)(4) - A listing of the number of military and civilian personnel assigned to management headquarters and headquarters support activities as a percentage of military end-strength for each of the preceding five fiscal years.

  • US Code, Title 10, Chapter 2, Section 115(a) - The Secretary of Defense shall submit to Congress an annual manpower requirements report. The report, which shall be in writing, shall be submitted each year not later than 45 days after the date on which the President submits to Congress the budget for the next fiscal year under Section 1105, Title 31. The report shall contain the Secretary's recommendation for: http://www4.law.cornell.edu/uscode/10/115.html (offsite)

    • Section 115(a)(h) - In each such report, the Secretary shall include a separate report on the Army and Air Force military technician programs. The report shall include a presentation, shown by reserve component and shown both as of the end of the preceding fiscal year and for the next fiscal year, of the following (displayed in the aggregate and separately for military technicians (dual status) and non-dual status military technicians):

    • Section 115(a)(h)(1) - The number of military technicians required to be employed (as specified in accordance with Department of Defense procedures), the number authorized to be employed under Department of Defense personnel procedures, and the number actually employed.

    • Section 115(a)(h)(2) - Within each of the numbers under paragraph (1) - (A) the number of applicable to a reserve management headquarters organization; and (B) the number applicable to high-priority units and organizations (as specified in section 10216(a) of this title)

  • US Code, Title 10, Chapter 2, Section 118(d) - The Secretary shall submit a report on each quadrennial defense review to the Committees on the Armed Services of the Senate and the House of Representatives. The report shall be submitted not later than September 30 of the year in which the review is conducted. The report shall include the following: http://www4.law.cornell.edu/uscode/10/118.html (offsite)

    • Section 118(d)(8) - The appropriate ratio of combat forces to support forces (commonly referred to as the "tooth-to-tail" ratio) under the national defense strategy, including, in particular, the appropriate number and size of headquarters units and Defense Agencies for that purpose.

  • US Code, Title 10, Chapter 3, Section 130a - Major Department of Defense headquarters activities personnel: limitations - http://www4.law.cornell.edu/uscode/10/130a.html (offsite)

    1. 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.
    2. Phased Reduction - The number of major headquarters activities in the Department of Defense - (1) as of October 1, 2000 may not exceed 95 percent of the baseline number; and as of October 1, 2001 may not exceed 90 percent of the baseline number.
    3. 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.
    4. Major Headquarters Activities (1) For the purposes of this section, major headquarters activities are those headquarters (and their 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 their 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 May 13, 1999. The provisions of the directive applicable to identification of any activity as a "Major Headquarters Activity" may not be changed except by law.
    5. 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, employed in, functions in major headquarters activities.
    6. Limitations 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 military departments may not reassign functions in order to evade the requirements of this section.
    7. Flexibility -
      1. If during the 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: -
        1. Increase the percentage specified in subsection (b)(1) by such an amount as the Secretary determines necessary or waive the limitation under the subsection.
        2. Increase the percentage specified in subsection (b)(2) by such an amount as the Secretary determines necessary, not to exceed a cumulative increase of 7.5 percentage points.
        3. Increase the percentage specified in subsection (a) by such an 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.

  • US Code, Title 10, Chapter 4, Section 143 - Office of the Secretary of Defense personnel: limitation http://www4.law.cornell.edu/uscode/10/143.html (offsite)

    1. Permanent limitation on OSD personnel - The number of permanent OSD personnel may not exceed 3767.
    2. For the purpose 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 of the Office of Secretary of Defense (including Direct Support Activities of that Office and the Washington Headquarters Services of the Department of Defense).
    3. Limitation or 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.

    Note: Although this requirement resulting from the Goldwater-Nichols Act is still included in Title 10 it has been superceded by subsequent Department of Defense Authorization and Appropriations Acts which have effectively reduced this limitation to a lower number of personnel (FY 1999 baseline for OSD is 2134).

  • US Code, Title 10, Chapter 8, Subchapter 1, Section 194 - Limitations on personnel http://www4.law.cornell.edu/uscode/10/194.html (offsite)

    1. Cap on Headquarters Management Personnel - The total number of members of the armed services and civilian employees assigned or detailed to permanent duty in the management headquarters activities or management headquarters support activities in the Defense Agencies and Department of Defense Field Activities may not exceed the number that is the number of such employees assigned or detailed to such duty on September 30, 1989.
    2. Not relevant to MHA
    3. Prohibition Against Certain Actions to Exceed Limitations - The limitations in subsections (a) and (b) may not be exceeded by re-categorizing or redefining duties, functions, offices, or organizations.
    4. Exclusion of NSA - The National Security Agency shall be excluded in computing and maintaining limitations required in this subsection.
    5. Waiver - The limitations in this section do not apply (1) in time of war; or (2) during a national emergency declared by the President or Congress

    Note: Although this requirement resulting from the Goldwater-Nichols Act is still included in Title 10, subsequent Department of Defense Authorization has superceded it and Appropriations Acts have effectively reduced this limitation to a lower number of personnel assigned to such management headquarters activities.

  • US Code, Title 10, Chapter 303, Section 3014 - Office of the Secretary of the Army - http://www4.law.cornell.edu/uscode/10/3014.html (offsite)

    • Section 3014 (f) (1) (see Note) - The total number of members of the armed forces and civilian employees of the Department of the Army assigned or detailed to permanent duty in the Office of the Secretary of the Army and on the Army Staff may not exceed 3105.

    • Section 3014(f)(2) - Not more than 1865 officers of the Army on the active-duty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Army and on the Army Staff.

    • Section 3014(f)(3) - The total number of general officers assigned or detailed to permanent duty in the Office of the Secretary of the Army and on the Army Staff may not exceed the number equal to 85 percent of the number of general officers assigned or detailed to such duty on the date of the enactment of this subsection.

    • Section 3014(f)(4) - The limitations in paragraphs (1), (2), and (3) do not apply in time of war or during a national emergency declared by the President or Congress. The limitation in paragraph (2) does not apply if the President determines that it is in the national interest to increase the numbers of officers assigned or detailed to permanent duty in the Office of the Secretary of the Army or on the Army Staff.

    Note: Although this requirement resulting from the Goldwater-Nichols Act is still included in Title 10, subsequent Department of Defense Authorization and Appropriations Acts has superceded it and have effectively reduced this limitation to a lower number of personnel assigned to the Secretary of the Army and on the Army Staff.

  • US Code, Title 10, Subtitle C, Part 1, Chapter 503, section 5014 - Office of the Secretary of the Navy - http://www4.law.cornell.edu/uscode/10/5014.html (offsite)

    • Section 5014(f)(1) - The total number of members of the armed forces and civilian employees of the Department of the Navy assigned or detailed to permanent duty in the office of the Secretary of the Navy, the Office of Chief of Naval Operations, and the Headquarters, Marine Corps, may not exceed 2866.

    • Section 5014(f)(2) - Not more than 1720 officers of the Navy and Marine Corps on the active-duty list may be assigned in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and the Headquarters, Marine Corps.

    • Section 5014(f)(3) - The total number of general and flag officers assigned or detailed to permanent duty in the Office of the Secretary of the Navy, Office of the Chief of Naval Operations, and the Headquarters, Marine Corps, may not exceed the number of general and flag officers assigned or detailed to such duty on the date of the enactment of this subsection.

    • Section 5014(f)(4) - The limitations in paragraphs (1), (2), and (3) do not apply in time of war or during a national emergency declared by the President or Congress. The limitation in paragraph (2) does not apply if the President determines that it is in the national interest to increase the numbers of officers assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, or the Headquarters, Marine Corps.

    Note: Although this requirement resulting from the Goldwater-Nichols Act is still included in Title 10, subsequent Department of Defense Authorization and Appropriations Acts has superceded it and have effectively reduced this limitation to a lower number of personnel assigned to the Secretary of the Navy, Office of the Chief of Naval Operations, and the Headquarters Marine Corps.

  • US Code, Title 10, Subtitle D, Part 1, Chapter 803, Section 8014 - Office of the Secretary of the Air Force - http://www4.law.cornell.edu/uscode/10/8014.html (offsite)

    • Section 8014(f)(1) - The total number of members of the armed forces and civilian employees of the Department of the Air Force assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Force Staff may not exceed 2639.

    • Section 8014(f)(2) - Not more than 1585 officers of the Air Force on the active-duty list may be assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Force Staff.

    • Section 8014(f)(3) - The total number of general officers assigned or detailed to permanent duty in the Office of the Secretary of the Air Force and on the Air Force Staff may not exceed the number equal to 85 percent of the number of general officers assigned or detailed to such duty on the date of the enactment of this subsection.

    • Section 3014(f)(4) - The limitations in paragraphs (1), (2), and (3) do not apply in time of war or during a national emergency declared by the President or Congress. The limitation in paragraph (2) does not apply if the President determines that it is in the national interest to increase the numbers of officers assigned or detailed to permanent duty in the Office of the Secretary of the Air Force or on the Air Force Staff.

    Note: Although this requirement resulting from the Goldwater-Nichols Act is still included in Title 10, subsequent Department of Defense Authorization and Appropriations Acts has superceded it and have effectively reduced this limitation to a lower number of personnel assigned to the Secretary of the Air Force or on the Air Force Staff.

Historical Legislation

Historical summary and documents of MHA legislation

  • Section 8052, of the National Defense Appropriations Act for FY 2001 (PL 106-259) - Prohibits the expenditure of funds to establish a field operating agency or pay DoD employees who are transferred or reassigned from a headquarters activity if the place of duty remains at the location of that headquarters. Two exceptions apply: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname= 106_cong_public_laws&docid=f:publ259.106.pdf (offsite)

    • The Secretary of Defense or the Secretaries of Military Departments may waive the limitations on a case-by-case basis, if the Secretary determines and certifies to the Committees on Appropriations of the House of Representatives and the Senate that the granting of the waiver will reduce personnel requirements or financial requirements of the Department.

    • Does not apply to field operating agencies funded within the National Foreign Intelligence Program.

    Note: Section 8052 the National Defense Appropriations Act for FY 2002 (PL 107-117), also includes the same prohibition as the FY 2001 National Defense Appropriations Act. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname= 107_cong_public_laws&docid=f:publ117.107.pdf

  • Section 941 (g) of the National Defense Authorization Act for FY 2001 (PL 106-398) amends Section 130a of title 10, US Code to provide flexibility in implementing the limitations on Major Department of Defense Headquarters Activity (MHA) personnel. If the Secretary determines and certifies to Congress that if the FY 2001and FY 2002 limitation would adversely affect national security to take actions to reduce or waive the limitation specified in the subsection. Also allows the Secretary to increase the percentage of the limitation specified in subsection (b)(1) or (b)(2) but not to exceed a cumulative increase of 7.5 percent. (pdf)

  • Section 921 (b) of the National Defense Authorization Act for FY 2000 (PL 106-65) directs a 15-percent reduction in personnel assigned to DoD major management headquarters activities during FY00-FY02 (five percent per year) using actual personnel strengths as of October 1, 1999 as the baseline. (pdf)

  • Section 932 of the National Defense Authorization Act for FY 1999 (P.L. 105-261) has a 10-percent holding on OSD funding until reports are completed for section 904 of the FY 1997 and section 911 of the FY 1998 National Defense Authorization(s) Act. (pdf)

  • Section 911 of the National Defense Authorization Act for FY 1998 (P.L. 105-85) - section 911 requires a 25-percent reduction in DoD-wide management headquarters personnel from FY 1997 through FY 2002. Section 911 (b) requires a report on DoD's plan for a 25-percent reduction in DoD-wide management headquarters personnel from FY 1997 to FY 2002 and section 911 (c) requires the Task Force on Defense Reform to assess duplications, streamline, reduce and eliminate redundancies in DoD Management Headquarters. (pdf)

  • Section 923 of the National Defense Authorization Act for FY 1997 (P.L. 104-201) - Directs the Secretary of Defense to complete a review of the defense program to satisfy the requirements of a Quadrennial Defense Review (QDR) including defense infrastructure (management headquarters). (pdf)

  • Section 904 of the National Defense Authorization Act for FY 1997 (P.L. 104-201) - Directs the Secretary of Defense to conduct a review and submit a report on Military Department Headquarters staff and to include (1) an assessment of the organizational structure to support the mission of the Services; (2) options to reduce management headquarters personnel; (3) assessment of the results of the review of Military Department staffs required in section 901 of the National Defense Authorization Act for FY 1996, P.L. 104-106; (4) benefits from the consolidation of the civilian secretariat and staffs of the military chiefs; and (5) reduction of political appointees in the Military Departments. (pdf)

  • Section 903 of the National Defense Authorization Act for FY 1997 (P.L. 104-201) - directs a 25-percent reduction in OSD personnel, including Direct Support Activities (DSAs) and the Washington Headquarters Services of the Department of Defense, to be effective on Oct 1, 1999 from baseline number established on Oct 1, 1994 FY 1994. (pdf)

  • Section 901 of the National Defense Authorization Act for FY 1996 (P.L. 104-106) - Directed the Secretary of Defense to report on and conduct a review of the organizations and functions of the Office of the Secretary of Defense (OSD), including the Washington Headquarters Service and the Defense Support Activities, and the personnel needed to carry out those activities. The review is to include (1) An assessment of the appropriate functions and whether the OSD and some of its components be organized along mission lines; (2) An assessment of the present organizational structure to efficiently and effectively support the Secretary; (3) an assessment of the extent of unnecessary duplication between the OSD and the Joint Staff; (4) an assessment of unnecessary duplication between the OSD and the military departments; (5) an assessment of any benefits or efficiencies derived from decentralizing current functions currently performed elsewhere with the DoD; and (6) an assessment of the appropriate size, number, and functional responsibilities of the Defense Agencies and other support organizations. Also, effective Oct 1, 1999, OSD personnel, including the Washington Headquarters Service and direct support activities of the OSD, may not exceed 75 percent of the number of OSD personnel as of 1 October 1994. (pdf)

  • Section 960 of the National Defense Authorization Act for FY 1994 (PL103-160) established the Commission on Roles and Missions (CORM) to; 1) review the efficacy and appropriateness for post-Cold War era of the current allocations among the Armed Forces of roles, missions, and functions; 2) evaluate and report on alternative allocations of those roles, missions and functions; and 3) make recommendations for changes in the current definition and distribution of those roles, missions and functions. (pdf)

  • Section 906 of the National Defense Authorization Act for FY 1991 (P.L. 101-510) - 4 percent per year reduction of the numbers of Armed Forces and civilian personnel in management headquarters activities and headquarters support activities from FY 1991 to FY 1995 using personnel assigned as of Sept 30 1990 as the baseline. (See Title IX, Department of Defense Organization and Management Matters. See Title IX, Department of Defense Organization and Management Matters.) (offsite)

  • Goldwater-Nichols Act of 1986 - Title VI, directs the Secretary of Defense, no later than September 30, 1988, to reduce by a specific percentage the total number of personnel assigned to management headquarters or management support activities in the Defense Agencies and DoD field activities. Title V Directs the Secretary of each Military Department, no later than September 30, 1988, to reduce the total number of military and civilian personnel employed in management headquarters activities in military departments and in the combatant commands by at least 10 percent of the total number of such personnel employed on September 30, 1985. Excluded specific offices and the National Security Agency from such reduction requirements. (pdf)

Page last updated: 7-May-2002