110 STAT. 2618 PUBLIC LAW 104-201—SEPT. 23, 1996 (b) PHASED REDUCTION. — 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. (c) BASELINE NUMBER. —For purposes of this section, the term
- baseline number" means the number of OSD personnel as of
October 1, 1994. (d) 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). (e) 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. (f) FLEXIBILITY. — 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. (g) REPEAL OF PRIOR REQUIREMENT.— Section 901(d) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 401) is repealed. SEC. 904. REPORT ON MILITARY DEPARTMENT HEADQUARTERS STAFFS. (a) REVIEW BY SECRETARY OF DEFENSE. —The Secretary of Defense shall conduct a review of the size, mission, organization, and functions of the military department headquarters staffs. This review shall include the following: (1) An assessment on the adequacy of the present organization structure to efficiently and effectively support the mission of the military departments. (2) An assessment of options to reduce the number of personnel assigned to the military department headquarters staffs. (3) An assessment of the extent of unnecessary duplication of functions between the Office of the Secretary of Defense and the military department headquarters staffs. (4) An assessment of the possible benefits that could be derived from further functional consolidation between the civilian secretariat of the military departments and the staffs of the military service chiefs. (5) An assessment of the possible benefits that could be derived from reducing the number of civilian officers in the military departments who are appointed by and with the advice and consent of the Senate.
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