Page:United States Statutes at Large Volume 111 Part 2.djvu/778

 Ill STAT. 1858 PUBLIC LAW 105-85—NOV. 18, 1997 "(B) The Air Mobility Command of the Air Force. "(C) The Mihtary SeaHft Command of the Navy. "(D) The Military Traffic Management Command of the Army. "(E) The Defense Courier Service. "(F) Any other element of the Department of Defense assigned to the United States Transportation Command. "(3) The Secretary of Defense may waive or suspend operation of paragraph (1) in the event of a war or national emergency. "(e) MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUP- PORT ACTIVITIES PERSONNEL DEFINED. —In this section: "(1) The term 'management headquarters and headquarters support activities personnel' means military and civilian personnel of the Department of Defense who are assigned to, or employed in, functions in management headquarters activities or in management headquarters support activities. "(2) The terms 'management headquarters activities' and 'management headquarters support activities' have the meanings given those terms in Department of Defense Directive 5100.73, entitled 'Department of Defense Management Headquarters and Headquarters Support Activities', as in effect on November 12, 1996. " (f) LIMITATION ON REASSIGNMENT OF FUNCTIONS. —In carrying out reductions in the number of personnel assigned to, or employed in, management headquarters and headquarters support activities in order to comply with this section, the Secretary of Defense and the Secreteiries of the military depsirtments may not reassign functions in order to evade the requirements of this section. "(g) FLEXIBILITY.— I f 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 2001 would adversely affect United States national security, the Secretary may wsdve 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.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "130a. Management headquarters and headquarters support activities personnel: limitation. ". lousciaoa (b) IMPLEMENTATION REPORT. — Not later than January 15, note. 1998, the Secretary of Defense shall submit to Congress a report— (1) containing a plan to achieve the personnel reductions required by section 130a of title 10, United States Code, as added by subsection (a); and (2) including the recommendations of the Secretary regarding— (A) the revision, replacement, or augmentation of Department of Defense Directive 5100.73, entitled "Department of Defense Management Headquarters and Headquarters Support Activities", as in effect on November 12, 1996; and

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