Defense Department Original Transformation Proposal: Compared to Existing Law

Report for Congress
Defense Department Original
Transformation Proposal:
Compared to Existing Law
Updated May 19, 2003
Robert L. Goldich and Gary J. Pagliano
Specialists in National Defense
Foreign Affairs, Defense, and Trade Division
Barbara L. Schwemle
Analyst in American National Government
Government and Finance Division
Thomas J. Nicola
Legislative Attorney
American Law Division


Congressional Research Service ˜ The Library of Congress

Defense Department Original Transformation Proposal:
Compared To Existing Law
Summary
The Department of Defense (DOD) has sent the Congress a major proposal
entitled “Defense Transformation for the 21st Century Act of 2003”on April 10, 2003.
The complex proposal would have made many changes, and in some cases, major
changes, in the military personnel and acquisition systems, and in the statutory basis
for much of DOD’s civilian personnel system. The changes would have affected in
a number of titles in the United States Code but primarily in Title 5 (Government
Organization and Employees), and Title 10 (Armed Forces). A number of
congressional committees have begun action on various parts of this proposal. The
Senate Armed Services Committee reported S. 1050 on May 9 (S.Rept. 108-46), and
the House Armed Services Committee reported H.R. 1588 on May 16 (H.Rept. 108-
106); the House Committee on Government Reform reported H.R. 1836 on May 8
(ordered to be reported (amended) by voice vote).
This report briefly summarizes and presents all of the sections of the original
DOD proposal in a side by side with the relevant provisions in current law, if they
exist, that would have been affected by the proposal. The idea is to provide a “road
map” that relates each section of the proposal to existing law. Provisions from the
Homeland Security Act (HSA) of 2002 specific to the Department of Homeland
Security are separately listed from the rest of the existing law, and are the most
recently enacted changes to Title 5. The Homeland Security Act represents the
broadest changes in the Title in a number of years. HSA provisions that applied
government-wide are covered under “Current Law” (Column 2) of the report. The
DOD proposal, if it had been enacted in its entirety, would have resulted in
significantly greater changes in Title 5 than the HSA changes.
The DOD proposal covered a wide spectrum of current law. As a result, a
number of Congressional Research Service (CRS) analysts and attorneys contributed
to this report. Most are listed in a “Key Policy Staff” table at the end of this report.
This report will be updated if additional clarification of DOD’s proposal or relevant
current law is warranted.



Contents
In troduction ......................................................1
Title I — Personnel Transformation ...................................2
Subtitle A — Transformation of Civilian Personnel (Sections 101-104) ...2
Subtitle B — Transformation of Management of Senior Military
Leadership (Sections 111-123) .............................28
Subtitle C — Transformation of Military Personnel (Sections 131-137) ..33
Title II- Acquisition Transformation ..................................35
Subtitle A — Transformation of Acquisition Process (Sections 201-206) .35
Subtitle B-Transformation of Contracting Process (Sections 211-214) ...40
Title III — Installation Management Transformation (Section 301) ........42
Title IV — Administrative Transformation ..........................49
Subtitle A — Transformation of DOD Organization (Sections 401-405)
.......................................................49
Subtitle B — Transformation of Appropriations and Budget Process
(Sections 411-414) .......................................53
Subtitle C — Transformation of Information Gathering for Congress
(Sections 421-422) .......................................55
Subtitle D — Transformation of Management of Naval Vessels
(Sections 431-432) .......................................55
Subtitle E — Miscellaneous Provisions (Section 441) ................56
List of Tables
Defense Department Original Transformation Proposal: Compared to
Existing Law.................................................2
Key Policy Staff..................................................57



Defense Department
Original Transformation Proposal:
Compared To Existing Law
Introduction
In April 2003, the Department of Defense (DOD) sent Congress a proposal
entitled, “Defense Transformation for the 21st Century Act of 2003.”1 The 207-page
proposal would have made many changes, in some cases major changes, in the
military personnel and acquisition systems, and in the statutory basis for much of
DOD’s civilian personnel system. The changes would have occurred in a number of
titles in the U.S. Code; but, primarily in Title 5 (Government Organization and
Employees) and Title 10 (Armed Forces). A number of congressional committees
have begun action on various parts of this proposal. The Senate Armed Services
Committee reported S. 1050 on May 9 (S.Rept. 108-46), and the House Armed
Services Committee reported H.R. 1588 on May 16 (H.Rept. 108-106); the House
Committee on Government Reform reported H.R. 1836 on May 8 (ordered to
reported (amended) by voice vote).
This report summarizes and lists all of the proposal’s sections along side the
relevant provisions in current law, if they exist, that would have been impacted by
the proposal. The idea is to provide the reader with a type of roadmap that would
help relate each aspect of the proposal to existing law. Provisions from the
Homeland Security Act (HSA) of 2002 specific to personnel management in the
Department of Homeland Security are listed separately from the rest of the current
law primarily because they are the most recent legislative actions impacting Title 5.
HSA provisions that applied government-wide are covered under “Current Law”
(column 2) of the report. HSA provisions also represent the broadest changes in Title

5 in a number of years. The DOD proposal, if it had been enacted in its entirety,


would have resulted in significantly greater changes in Title 5 than the HSA changes.
Because the DOD proposal covered such a wide spectrum of current law, a
number of Congressional Research Service (CRS) analysts and attorneys contributed
to this report. Most are listed with their subject coverage in a separate table in this
report. CRS made every effort to be comprehensive in identifying statutes currently
in effect which would relate to the proposed change in the law. However, there may
be some provision in law which has been inadvertently omitted. This report will not
be updated unless additional clarification of DOD’s proposal or relevant current law
is warranted.


1 The DOD proposal can be viewed at:
[http://www.defenselink.mil/dodgc/irs/docs/transformation.pdf]

CRS-2
Defense Department Original Transformation Proposal: Compared to Existing Law
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Title I — Personnel Transformation
Subtitle A — Transformation of Civilian
Personnel (Sections 101-104)
Sec. 101(a). Department of Defense (DOD)No similar provisionSec. 841 of Homeland Security Act of
National Security Personnel System.2002, P.L. 107-296, Establishment of
(a) In General. Would amend 5 U.S.C. Part III,Human Resources Management
Subpart I by adding a new Chapter 99-System.
Department of Defense National SecurityAmended 5 U.S.C. Part III, Subpart I
iki/CRS-RL31916Personnel Systemby adding a new Chapter 97-
g/wDepartment of Homeland Security
s.or (DHS )
leak
New 5 U.S.C. 9901 - Definitions.No similar provisionNo similar provision
://wikiThe term “director” means the Director of the
httpOffice of Personnel Management (OPM); the
term “secretary” means the Secretary of
Defense.
New 5 U.S.C. 9902. Establishment of humanNo similar provision5 U.S.C. 9701 - Establishment of
resources management system human resources management
system.
New 5 U.S.C. 9902(a) - In General.No similar provision5 U.S.C. 9701(a) - In General. The
(1) Notwithstanding any other provision of TitleDHS Secretary and OPM Director
5, the secretary could, in regulations prescribedhave the same authority to establish
jointly with the director, establish, and fromand adjust a new system.


time to time adjust, a human resources

CRS-3
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
management system for some or all of the
organizational or functional units of DOD.
If the secretary certifies that issuance or
adjustment of a regulation, or the inclusion,
exclusion, or modification of a particular
provision therein, is essential to the nationalNo similar waiver provision
security, the secretary could, subject to the
President’s direction, waive the requirement in
the preceding sentence that the regulation or
adjustment be issued jointly with the director.
(2) Any regulations established pursuant to
iki/CRS-RL31916Chapter 99 would be established as internalrules of departmental procedure, consistent with
g/w
s.or
leak 5 U.S.C. 553.5 U.S.C. 553 - Rule making exempts rules ofSame, except that internal rules of
agency or departmental procedure fromdepartmental procedure “shall not be
://wikiFederal Register notice and commentsubject to review” rather than
httprequirements.“consistent with 5 U.S.C. 553.”
New 5 U.S.C. 9902(b) - System Requirements.5 U.S.C. 9701(b) - System
Any system under (a) would (1) be flexible;Requirements. Same, except as
(2) be contemporary;noted.


(3) not waive, modify, or otherwise affect — The provisions of Title 5 that could not be
(A) the public employment principles of meritwaived, modified, or otherwise affected are
and fitness set forth in 5 U.S.C. 2301, including5 U.S.C. 2301 — Merit system principles
the principles of hiring based on merit, fair5 U.S.C. 2302 — Prohibited personnel
treatment without regard to political affiliationpractices
or other non-merit considerations, equal pay for

CRS-4
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
equal work, and protection of employees against
reprisal for whistleblowing; (B) any provision
of 5 U.S.C. 2302 relating to prohibited
personnel practices; (C)(i) any provision of law
referred to in 5 U.S.C. 2302(b)(1), (8), and (9);
or (ii) any provision of law implementing any
provision of law referred to in 5 U.S.C.
2302(b)(1), (8), and (9) by (I) providing for
equal employment opportunity through
affirmative action; or (II) providing any right or
remedy available to any employee or applicant
iki/CRS-RL31916for employment in the public service; (D) anyother provision of 5 U.S.C. Part III (as
g/wdescribed in subsection (c)); or (E) any rule or
s.or
leakregulation prescribed under any provision of
law referred to in this paragraph;uses “civil service” instead of “public
://wiki(4) ensure that employees could organize,service”
httpbargain collectively as provided for in Chapter
99, and participate through labor organizations
of their own choosing in decisions which affect
them, subject to the provisions of Chapter 99
and any exclusion from coverage or limitationdoes not include “subject to the
on negotiability established pursuant to law; andprovisions of Chapter 99”


(5) not be limited by any specific law or
authority under Title 5 that is waivable under
Chapter 99 or by any provision of Chapter 99 or
any rule or regulation prescribed under Title 5
that is waivable under Chapter 99, except as
specifically provided for in this section.

CRS-5
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
(5) not included; (5) in the DHS Act
permits category rating system
(c) Other Nonwaivable Provisions. The otherOther protected Title 5 provisions would be: 5 U.S.C. 9701(c) Other
provisions of this part referred to in (b)(3)(D)(1) Part III — Employees (table of contents ofNonwaivable Provisions.
are (to the extent not otherwise specified in thisPart III precedes 5 U.S.C. 2101(1) Part III - Employees
title) — (1) Subparts A, E, G, and H of 5 U.S.C.Subpart A — General Provisions Subparts A, B - Employment and
Part III; It adopts current law.Subpart E — Attendance and LeaveRetention, E, G, and H
Subpart G — Insurance and Annuities
Subpart H - Access to Criminal History
Information
iki/CRS-RL31916(2) 5 U.S.C. Chapters
g/w34 — Part-Time Career Employment
s.or(2) 5 U.S.C. Chapters 34, 45, 47, 57, 72, 73, andOpportunities (in Subpart B- Employment and(2) 5 U.S.C. Chapters 41 - Training,
leak79; It adopts current law andRetention)45, 47, 55 - Pay Administration, 57,
://wiki45 — Awards for Superior Accomplishments59 -Allowances, 72, 73, and 79


http47 — Personnel Research Programs and
Demonstration Projects
57 — Travel, Transportation, and Subsistence
72 — Anti-discrimination; Right to Petition
Congress
73 — Employees’ Right to Petition Congress
79 — Services to Employees
(3) Selected sections of Subpart B -
Employment and Retention of Part III -
Employees:
5 U.S.C. 3131 — The Senior Executive

CRS-6
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
(3) 5 U.S.C. 3131, 3132(a), 3305(b), 3309,Service; 3132(a) — [SES] Definitions and(3) All of Subpart B of 5 U.S.C. Part

3310, 3311, 3312, 3313, 3314, 3315, 3316,exclusions; 3305(b) - Competitive service;III is nonwaivable


3317(b), 3318, 3320, 3351, 3352, 3363, 3501,examinations; when held (3305(b) requires
3502(b), and 3504. It adopts current law.OPM to hold an examination for a qualifying
competitive service position upon application
of certain preference eligibles during the
quarter following the application); 3309 -
Preference eligibles; examinations; additional
points for; 3310 - Preference eligibles;
examinations; guards, elevator operators,
messengers, and custodians; 3311 - Preference
iki/CRS-RL31916eligibles; examinations; crediting experience;3312 - Preference eligibles; physical
g/wqualifications; waiver; 3313 - Competitive
s.or
leakservice; registers of eligibles; 3314 -
Registers; preference eligibles who resigned;
://wiki3315 - Registers; preference eligibles
httpfurloughed or separated; 3316 - Preference
eligibles; reinstatement; and 3317(b) —
Competitive service; certification from
registers (the Rule of Three, which requires
OPM to certify enough names from the top of
a register to permit a nominating or appointing
authority to consider at least three names for
each competitive service vacancy, is 3317(a)
and not listed as nonwaivable); 3317(b)
allows an appointing authority, with OPM
approval, to discontinue certifying for
appointment a preference eligible who three
times has been considered and passed over,

CRS-7
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
but the preference eligible is entitled to notice
of discontinuance of certification); 3318 -
Competitive service; selection from
certificates; 3320 — Excepted service;
government of the District of Columbia;
selection; 3351 - Preference eligibles; transfer;
physical qualifications; waiver; 3352 —
Preference in transfers for employees making
certain disclosures; 3363 — Preference
eligibles; promotion; physical qualifications;
waiver; 3501 — Definitions and application
iki/CRS-RL31916for the purpose of retention preferences; 3502(b) — Preference eligibles in the order of
g/wretention preference (3502(b) entitles a
s.or
leakqualifying preference eligible with a service-
connected disability of 30 percent or more to
://wikiretention over other preference eligibles);
http3504 — Preference eligibles; retention;
physical qualifications; waiver
New 5 U.S.C. 9902(d) — Limitations Relating5 U.S.C. 9701(d) Limitations
to Pay Relating to Pay. Nothing in this
(1) Nothing in this section would constituteTitle 5, Chapter 53 (Pay Rates and Systems),section constitutes authority
authority to modify the pay of any employeeSubchapter II (Executive Schedule Pay Rates)(1) Same, except that it adds “or a
who serves in an Executive Schedule positionposition for which the rate of basic
under 5 U.S.C. Chapter 53, Subchapter II.pay is fixed in statute by reference to
a section or level under 5 U.S.C.
Chapter 53, Subchapter II;”
2) Except as provided for in (1), the totalSame, except for “under title 10;” 5 U.S.C.(2) to fix pay for any employee or
amount in a calendar year of allowances,5307 - Limitation on certain payments capsposition at an annual rate greater than



CRS-8
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
differentials, bonuses, awards, or other similartotal pay, including all cash payments such asthe maximum amount of cash
cash payments paid under Title 5 to anyallowances and awards, to the annual rate ofcompensation allowable under 5
employee who is paid under 5 U.S.C. 5376 orbasic pay for level I of the Executive ScheduleU.S.C. 5307 - Limitations on certain
5383 or under Title 10 or under other($171,900 in 2003); however, for those paidpayments in a year; or
comparable pay authority established forunder 5 U.S.C. 5376 — Pay for certain senior
payment of Department of Defense seniorlevel positions (including those classified(3) to exempt any employee from the
executive or equivalent employees could notabove GS-15, scientific and professionalapplication of 5 U.S.C. 5307.
exceed the total annual compensation payable topositions under 5 U.S.C. 3104, and SES); or
the Vice President.5 U.S.C. 5383 — Setting individual seniorThe cap for positions under 5 U.S.C.
executive pay, the cap is the total5376 and 5383 was raised from level
compensation payable to the Vice PresidentI of the Executive Schedule to the
iki/CRS-RL31916under 3 U.S.C. 104 - Salary of the VicePresident ($198,600)total compensation of the VicePresident, under specific conditions,
g/wby sec. 1322 of P.L. 107-296.
s.or
leak
://wiki10 U.S.C. 1603 Basic pay (Defense
httpIntelligence Senior Executive Service and
Intelligence Senior Level positions)
New 5 U.S.C. 9902(e) — Provisions to EnsureNo similar provision concerning collaboration5 U.S.C. 9701(e) Same, except that
Collaboration with Employee Representatives and development of a new human resourcesthe DHS Secretary is not granted
management system, but labor organizationsauthority to engage in collaborative
The secretary and OPM Director would behaving national consultation rights inactivities at a national organizational
required to provide a written description of theconnection with any agency must be informedlevel above the level of exclusive
proposed human resources management systemof any substantive change in conditions ofrecognition. Moreover, DHS
or adjustments to such system to employeeemployment proposed by an agency, and mustcollaboration procedures must ensure



CRS-9
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
representatives. The representatives would bebe permitted reasonable time to present their— (1) in the case of individuals in a
given at least 30 calendar days (unlessviews and recommendations regardinglabor organization that has been
extraordinary circumstances require earlierchanges. See 5 U.S.C. 7113 -Nationalaccorded exclusive recognition,
action) to review and make recommendationsconsultation rights. representation by individuals
with respect to the proposal. These designated by or from such
recommendations would have to be given full organization; (2) in the case of
and fair consideration. The secretary and individuals not within a bargaining
director would notify Congress of those parts of unit, representation by an
the proposal for which recommendations were organization which represents a
made but not accepted. They also would be substantial number; (3) fair and
required to meet and confer with employee expeditious handling of the
iki/CRS-RL31916representatives for not less than 30 calendardays to attempt to reach agreement on whetherconsultation and mediation process,including procedures by which, if the
g/wand how to proceed with those parts of thenumber of employee representatives
s.or
leakproposal for which recommendations were notexceeds 5, for representatives to
accepted. The secretary or a majority of theselect a committee to meet and confer
://wikiemployees’ representatives participating in thewith the secretary and Director of
httpconsultation could use the services of theOPM; and (4) selection of
Federal Mediation and Conciliation Service torepresentatives in a manner consistent
assist with the discussions. After 30 calendarwith the relative number of
days following notification and consultation, theemployees represented by
secretary could implement any or all of theorganizations or other representatives
disputed parts if it was determined that furtherinvolved.
consultation and mediation would be unlikely to
produce agreement. The secretary and directorTitle 5, Chapter 71 - Labor-
would develop a method for employeeManagement and Employee Relations
representatives to participate in any furtheris subject to waiver or adjustment in
planning or development if a proposal wasdeveloping a new human resources
implemented. Any procedures necessary tomanagement system.


facilitate collaboration would be established as

CRS-10
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
internal rules of department procedure notSee also 5 U.S.C. 9701(g) -
subject to review. Establishment of Human Resources
5 U.S.C. 553 - Rule making waives FederalManagement System - Provisions
Register notice and comment procedures forRelating to Labor-Management
internal agency rules of procedure.Relations, which provides that
nothing in the new section shall be
5 U.S.C. 7103(b) - Definitions; applicationconstrued as conferring authority on
authorizes the president to issue an orderthe DHS to modify any provisions of
excluding an agency or subdivision thereof ifsection 842 - Labor- Management
the president determines that either has as aRelations of P.L. 107-296. Sec. 642
primary function intelligence,grants some measure of protection to
iki/CRS-RL31916counterintelligence, or national security workand that Chapter 71 procedures cannot beagencies, bargaining units, andindividuals from exclusion from
g/wapplied consistent with national security. Thecoverage of Title 5 Chapter 71- Labor
s.or
leakpresident may issue an order with respect toManagement and Employee Relations
any agency, installation, or activity locatedunless missions change to
://wikioutside the 50 states and D.C. if the presidentintelligence, counterintelligence, or
httpdetermines the suspension necessary in theinvestigating terrorism; and sec. 1512
interest of national security. of P.L. 107-296 - Savings Provisions
states that completed administrative
actions, including contracts, of an
agency affected by the DHS Act shall
not be affected by enactment of the
Act, and, except as otherwise
provided in the Act, transfer of
personnel does not alter the terms and
conditions of employment, including
compensation, of any transferred
employee.



CRS-11
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
New 5 U.S.C. 9902(f) — Provisions RegardingNo similar provision with respect to nationalNo similar provision, but Title 5,
National Level Bargaininglevel bargaining, but see 5 U.S.C. 7111 -Chapter 71 - Labor-Management and
Exclusive recognition of labor organizations,Employee Relations is subject to
Any human resources management systemand 5 U.S.C. 7114 - Representation rights andwaiver or adjustment in developing a
implemented or modified under the new title 5,duties. human resources management
chapter 99 could include DOD employees fromsystem.
any bargaining unit with respect to which a
labor organization was accorded exclusive
recognition. For any such bargaining unit, the
secretary could bargain at a level above the
level of exclusive recognition Such bargaining
iki/CRS-RL31916would be binding on all subordinate bargainingunits and DOD and its subcomponents; it would
g/wsupersede all other collective bargaining
s.or
leakagreements, except as otherwise determined by
the secretary; would not be subject to further
://wikinegotiations for any purpose, except as provided
httpfor by the secretary; and would not be subject to
review or statutory third-party dispute
resolution procedures outside DOD, except as5 U.S.C. 7105 - Powers and duties of the
otherwise provided in the new chapter 99. [Federal Labor Relations] Authority
New 5 U.S.C. 9902(g) — Provisions Relating toTitle 5, Chapter 77 - “Appellate procedures”5 U.S.C. 9701(f) Provisions Relating
Appellate Procedures. (1) The sense ofgrants right to appeal agency disciplinaryto Appellate Procedures. Nearly
Congress would be expressed that — (A) DODactions to the Merit System Protection Board. identical substantive language that
employees would be entitled to fair treatment insubstitutes “Department,” referring to
any appeals; and (B) in prescribing appellateDHS, in place of DOD.
procedure regulations the secretary should
ensure that these employees should be affordedTitle 5, Chapter 77 - “Appellate
the protections of due process; and (ii) towardprocedures” is subject to waiver or



CRS-12
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
that end, the secretary should be required toadjustment in developing a human
consult with the Merit Systems Protectionresources management system.
Board before issuing any such regulations. (2)
Any appellate procedure regulations that relate
to any matters within the purview of Chapter 77
of Title 5 should — (A) be issued only after
consulting with MSPB; (B) ensure availability
of procedures that (i) are consistent with due
process requirements; and (ii) provide, to the
maximum extent practicable, for expeditious
handling of any matters involving DOD; and
iki/CRS-RL31916(C) modify procedures under Chapter 77 onlyinsofar as such modifications are designed to
g/wfurther the fair, efficient, and expeditious
s.or
leakresolution of matters involving DOD
employees.
://wiki
http
New 5 U.S.C. 9902(h) — Provisions Related toSec. 472. Similar voluntary
Separation and Retirement Incentivesseparation incentives authorized for
the Immigration and Naturalization
The secretary is authorized to offer (1) earlyService and Border Patrol
retirement to an employee who is at least 505 U.S.C. 8336 - Immediate Retirement
years of age and has completed 20 years of(CSRS) and 5 U.S.C. 8414 - Early retirement
service or to an employee of any age who has(FERS) Same as current law; sec. 1313(b) of
completed 25 years of service; and (2)P.L. 107-296 - Permanent Extension,
separation incentive pay of up to $25,000 for aRevision, and Expansion of
qualifying DOD employee who retires orAuthorities for Use of Voluntary



CRS-13
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
resigns pursuant to DOD regulations. AnyTitle 5, Chapter 35 -Retention Preference,Separation Incentive Pay and Early
recipient of separation pay may not beVoluntary Separation Incentive Payments,Retirement amended 5 U.S.C. 8336
reemployed with DOD for 12 months followingRestoration, and Reemployment, Subchapterand 8414 to expand the conditions
receipt unless the secretary waives thisII - Voluntary Separation Incentive Paymentsoccurring in an agency such as
prohibition on a case-by-case basis. Generally,(5 U.S.C. 3521-3525) authorizes agencies,downsizing or restructuring to permit
any such recipient who is reemployed by thewith O.M.’s approval to make voluntaryexercise of early retirement authority.
federal government within 5 years must repayseparation incentive payments of up to
DOD the full amount of a separation payment. $25,000 to eligible employees who retire orSame as current law; sec. 1313 (a) of
No O.M. approval would be needed to offerresign. P.L. 107-296 authorized this
early retirement or separation pay. governmentwide authority with OPM
approval at 5 U.S.C. 3521-3525.
iki/CRS-RL31916New 5 U.S.C. 9902(i) — Provisions Relating to5 U.S.C. 8344 - Annuities and pay onNo similar provision
g/wReemployment. An annuitant who becomesreemployment (CSRS) and 5 U.S.C. 8468 -
s.oremployed in a position within DOD wouldAnnuities and pay on redeployment (FERS)
leakcontinue to receive an annuity, but would not begenerally require that the amount of an
://wikiconsidered an employee for purposes ofannuity be deducted from pay received by a
httpChapters 83 ( CSRS) or 84 (FERS) of Title 5. reemployed annuitant, but an annuitant who is
The reemployed annuitant would not accruereemployed for more than one year is eligible
additional CSRS or FERS retirement creditfor a supplemental annuity for the period of
during this period of reemployment. reemployment at retirement.
No sunset provisionNo similar provision 5 U.S.C. 9701 - Sunset Provisions
provides that all authority of the DHS
Secretary and OPM Director jointly
to issue regulations to establish and
adjust the DHS human resources
management system ceases to be
available.



CRS-14
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
New 5 U.S.C. 9903. Contracting for personalNo similar provision
services.
New 5 U.S.C. 9903(a) - Outside the UnitedSee, for example, Title 41, Chapter 6 - ServiceSec. 835 of P.L. 107-296 -
States. Funds available to the Department ofContract Labor Standards.Prohibition on Contracts with
Defense would be available to contract withCorporate Expatriates
individuals for services to be performed outside
the United States as determined by the secretary
to be necessary and appropriate. These
contractors would not be considered employees
of the United States government for purposes of
any law administered by OPM or under any
iki/CRS-RL31916human resources management system
g/westablished pursuant to the new chapter 99 of
s.ortitle 5. These contracts could be negotiated,
leaktheir terms prescribed, and the work could be
://wikiperformed where necessary, without regard to
httpstatutory provisions that relate to negotiating,
making, and performing contracts and
performing work in the United States.
New 5 U.S.C. 9903(b) - National SecuritySee, for example, 10 U.S.C. 2393 - ProhibitionNo similar provision


Missions. Notwithstanding any other provisionagainst doing business with certain offerors or
of law, sums made available to the DOD bycontractors, 10 U.S.C. 2408 - Prohibition on
appropriation or otherwise could be expended aspersons convicted of defense contract related
determined by the secretary to be necessary tofelonies and related criminal penalty on
carry out the national security mission of DOD,defense contractors, and 50 U.S.C. 403j-
for personal services contracts, includingCentral Intelligence Agency; appropriations;
personal service without regard to limitations onexpenditures.
types of persons to be employed. See also 50 U.S.C. 403j - Central Intelligence
Agency; appropriations; expenditures, which

CRS-15
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
authorizes sums made available to the CIA by
appropriation or otherwise to be expended,
among other things, for personal services,
including personal services without regard to
limitations on types of persons to be
employed.
New 5 U.S.C. 9903(c) - Experts and5 U.S.C. 3109 - Employment of experts andSec. 831(c) of P.L. 107-296 -
Consultants. - Subject to paragraphs (2) and (3)consultants generally limits temporaryProcurement of Temporary and
and notwithstanding provisions of 10 U.S.C.contract services to one year and pay forIntermittent Services (in research and
129b, the secretary would be authorized to (A)temporary and intermittent contract services todevelopment projects) authorizes
procure by contract the services of experts andthe daily equivalent rate of pay to the highestprocurement of temporary and
iki/CRS-RL31916consultants (or organizations of them), who mayallowed in 5 U.S.C. 5332 (the Generalintermittent services of experts and
g/wprovide such services with or withoutSchedule).consultants in accordance with 5
s.orcompensation as determined by the secretary,U.S.C. 3109, without regard to pay
leakand may perform such duties as the secretary10 U.S.C. 129b - Experts and Consultants;limitation in section 3109.
://wikimay prescribe without being deemed to beauthority to procure services of generally
httpemployees of DOD except, at the discretion ofprovides that authority should be exercised inSec. 832 - Personal services.
the secretary, for the purposes of (i) the Ethicsaccordance with 5 U.S.C. 3109. Authorizes procurement of temporary
in Government Act of 1978; (ii) Chapter 73 ofor intermittent services of experts or
title 5 (Suitability, Security, and Conduct); andconsultants in accordance with 5
(iii) section 27 of the Office of FederalU.S.C. 3109, but, when necessary to
Procurement Policy Act; and (B) pay travelmeet an urgent homeland security
expenses of individuals, includingneeds, without regard to the pay
transportation and per diem in lieu oflimitations in section 3109.


subsistence while such individuals travel from
their homes of places of business to official duty
stations and return, as may be authorized by
law. (2) To procure the services of experts or
consultants (or an organization of them), the

CRS-16
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
secretary would be required to determine that
(A) such procurement is advantageous to the
United States; and (B) these services cannot be
provided adequately by DOD; 3 [the proposal
copy we have been given does not have a
paragraph 3 of 9903(c), only paragraphs 1 and

2].


New 5 U.S.C. 9903(d) - Implementation. No similar provisionNo similar provision
Implementation of this section would be at the
secretary’s sole, exclusive, and unreviewable
discretion.
iki/CRS-RL31916
g/wNew 5 U.S.C. 9904. Attracting highly qualifiedNo similar provision
s.orex perts.
leak
://wikiNew 5 U.S.C. 9904(a) In General. TheP.L. 105-261, sec. 1101 (1998) (5 U.S.C.No similar provision
httpSecretary could carry out a program using the3104(a) note) - Defense Advanced Research
authority provided in (b) in order to attractProjects Agency Experimental Personnel
highly qualified experts in needed occupations,Management Program for Technical Personnel
as determined by the secretary.granted the Secretary of Defense for five years
experimental special management authority to
facilitate recruitment of eminent experts in
science and engineering for the Defense
Advanced Research Projects Agency.
New 5 U.S.C. 9904(b) - Authority. Under the5 U.S.C. 3104 - Employment of speciallyNo similar provision


program, the secretary could — (1) appointqualified scientific and professional personnel
personnel from outside the civil service and
uniformed services (as such terms are defined in5 U.S.C. 3104(b) note. Similar, but special

CRS-17
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
5 U.S.C. 2101) to positions in DOD withoutappointment authority is limited to “scientists
regard to any provision of this title governingand engineers” and “not more than 20
the appointment of employees to positions inscientific and engineering positions in the
DOD;Defense Advanced Research Projects
(2) prescribe the rates of basic pay for positionsAgency.” Same authority to prescribe basic
to which employees are appointed under (1) atrate of pay, but no authority to increase basic
rates not in excess of the maximum rate of basicpay by locality-based comparability payments.
pay authorized for senior-level positions under 5
U.S.C. 5376, as increased by locality-based5 U.S.C. 3324 - Appointments to positions
comparability payments, notwithstanding anyclassified above GS-15 (generally requires
provision of this title governing the rates of payOPM approval)
iki/CRS-RL31916or classification of employees in the executivebranch; and 5 U.S.C. 3325 - Appointments to scientific
g/w(3) pay any employee appointed under (1)and professional positions (generally requires
s.or
leakpayments in addition to basic pay within theOPM approval of qualifications)
limit applicable to the employee under (d)(1)
://wikibelow.5 U.S.C. 3326 - Appointments of retired
httpmembers of the armed services in the
Department of Defense (imposes certain
requirements on appointments of a retired
armed services member in the period within
180 days immediately following retirement
from the armed services) (proposed for repeal,
see sec. 404)
5 U.S.C. 5376 - “Pay for certain senior- level
positions” generally limits pay to not less than
120 percent of the minimum basic pay rate for
GS-15 and not greater than basic pay rate for
level IV of the Executive Schedule.



CRS-18
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
5 U.S.C. 5377- “Pay authority for critical
positions”generally limits the maximum basic
rate to level I of the Executive Schedule.
See 5 U.S.C. 9502 - Pay authority for critical
positions and 5 U.S.C. 9503 Streamlined
critical pay authority [in the Internal Revenue
Service] which allows pay for up to the salary
of the Vice President.
New 5 U.S.C. 9904(c) - Limitation on Term of5 U.S.C. 3104(c) note. Term of initialNo similar provision
Appointment. (1) Except as provided in (2), theappointment limited to 4 years with up to a 2
iki/CRS-RL31916service of an employee under an appointmentyear extension
g/wmade pursuant to this section may not exceed 5
s.oryears.
leak(2) The secretary could, in the case of a
://wikiparticular employee, extend the period to which
httpservice is limited under (1) by up to one
additional year if the secretary determines that
such action is necessary to promote DOD’s
national security missions.
New 5 U.S.C. 9904(d) - Limitations on5 U.S.C. 3104 note. Similar, but additionalSec. 841(a) (creating 5 U.S.C.
Additional Payments. (1) The total amount ofpayments may not exceed the least of (A)9701(d)) Limitations Relating to Pay
the additional payments paid to an employee$25,000; (B) the amount equal to 25 percentof P.L. 107-296 generally prohibits
under this section for any 12-month periodof the employee’s annual rate of basic pay;paying any employee at a rate greater
could not exceed the least of the following(C) the amount of the limitation applicable forthan the maximum amount allowable
amounts: (A) $50,000 in FY 2004, which coulda calendar year under 5 U.S.C. 5307(a). Sameunder 5 U.S.C. 5307 or exempting
be adjusted annually thereafter by the secretary,with respect to ineligibility for any bonus,any employee from 5 U.S.C. 5307,
with a percentage increase equal to one-half ofmonetary award, or other monetary incentive.which generally limits total pay,
one percentage points less than the percentageincluding awards and other cash



CRS-19
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
by which the Employment Cost Index5 U.S.C. 5307 - Limitation on certainpayments, to level I of the Executive
(published quarterly by the Bureau of Laborpayments limits the amount to cash paymentsSchedule, except for some high level
Statistics) for the base quarter of the year beforesuch as allowances and awards plus salary topositions which are limited to the
the preceding calendar year exceeds thelevel I of the Executive Schedule ($171,900 insalary of the Vice President.
Employment Cost Index for the base quarter of2003), except for some high level positions
the second year before the preceding calendarwhich are limited to the salary of the Vice
year. (B) The amount equal to 50 percent of thePresident ($198,600).
employee’s annual rate of basic pay.
(2) An employee appointed under this sectionTitle 5, Chapter 45 - Incentive Awards
would not be eligible for any bonus, monetary
award, or other monetary incentive for service
iki/CRS-RL31916except for payments authorized under thissection.
g/w
s.orNew 5 U.S.C. 9904(e) - Savings Provisions. InSame
leakthe event that the secretary terminates this
://wikiprogram, in the case of an employee who, on the
httpday before the termination of the program, is
serving in a position pursuant to an appointment
under this section — (1) the termination of the
program does not terminate the employee’sSec. 841(b) of P.L. 107-296 -
employment in that position before theNonseparation or Nonreduction in
expiration of the lesser of — (A) the period forGrade or Compensation of Full-Time
which the employee was appointed; or (B) theand Part-Time Personnel Holding
period to which the employee’s service isPermanent Positions generally
limited under (c), including any extension madeprevents separation or reduction in
under this section before the termination of thepay or grade for one year following
program; andtransfer to DHS.


(2) the rate of basic pay prescribed for the
position under this section could not be reduced

CRS-20
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
as long as the employee continues to serve in5 U.S.C. 5363 - Pay retention
the position without a break in service.
New 5 U.S.C. 9905. Employment of olderNo similar provision
Americans.
New 5 U.S.C. 9905(a) - In general. 5 U.S.C. 3104 - Employment of speciallyNo similar provision
Notwithstanding any other provision of law, thequalified scientific and professional personnel
secretary, at his sole, exclusive, and
unreviewable discretion, would be authorized to5 U.S.C. 3320 - Excepted service; government
appoint older Americans into positions in theof the District of Columbia; selection
excepted service for not to exceed two years,
iki/CRS-RL31916provided that (1) any such appointment would5 U.S.C. 3323 - Automatic separation;
g/wnot result in (A) the displacement of individualsreappointment; redeployment of annuitants
s.orcurrently employed by DOD (including partial
leakdisplacement through reduction of nonovertime
://wikihours, wages, or employment benefits); or (B)the employment of any individual when any
httpother person is in a reduction-in- force status
from the same or substantially equivalent job
within DOD; and (2) the individual to be
appointed is otherwise qualified for the position
as determined by the secretary.
New 5 U.S.C. 9905(b) - Effect on Existing5 U.S.C. 8344 - Annuities and pay onNo similar provision


Retirement Benefits. Notwithstanding any otherredeployment (Civil Service Retirement
provision of law, employment pursuant to thisSystem) and 5 U.S.C. 8468 - Annuities and
authority would not have the effect of reducingpay on redeployment (Federal Employees
any annuity, pension, social security payment,Retirement System) generally require a
retired pay, or other similar payment as a resultdeduction from the pay of a reemployed
of such employment that the appointee may beannuitant equal to the amount of an annuity;
receiving.42 U.S.C. 403 - Reduction of insurance

CRS-21
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
benefits (section 203 of the Social Security
Act) requires a reduction of social security
benefits for an individual under age 65. In
2003, the social security benefit of such an
individual is reduced by $1 for each $2 of
earnings in excess of $11,520.
5 U.S..C. 5532, which formerly required an
offset for the amount of military retired pay,
has been repealed.
iki/CRS-RL31916
g/wNew 5 U.S.C. 9905(c) - Extension ofNo similar provisionNo similar provision
s.orAppointment. Notwithstanding subsection (a)
leakwhich authorizes initial appointment for not
://wikimore than two years, the secretary would be
httpauthorized to extend an appointment of an older
American for up to an additional two years if
the employee possesses unique knowledge or
abilities that are not otherwise available to
DOD.
New 5 U.S.C. 9905(d) - Definition. The termNo similar provisionNo similar provision
“older American” in the section would be
defined as any citizen of the United States who
is at least 55 years of age.
New 5 U.S.C. 9906. Special pay and benefits22 U.S.C. 3963 establishes the ForeignNo similar provision


for certain employees outside the United States.Service (FS) pay schedule. 22 U.S.C. 3965,
The secretary could provide to certain civilianthe Senior FS schedule. 5 U.S.C. 5925
employees of DOD assigned to activitiesauthorizes a pay differential of up to 25% over

CRS-22
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
outside the United States and designated by thebasic pay where living conditions are
secretary for the purposes of this subsection — substantially below standards in the
(1) allowances and benefits — (A) comparableContinental US, and an additional 15% for
to those provided by the Secretary of State topersonnel who agree to serve at any of 40
members of the Foreign Service under chapter 9designated hardship posts for an additional 3
of title I of the Foreign Service Act of 1980 oryears. 5 U.S.C. 5928 authorizes a differential
any other provision of law; or (B) comparable toup to 25% of base pay where personnel safety
those provided by the Director of Centralis “threatened by civil insurrection, civil war,
Intelligence to personnel of the Centralterrorism, or wartime conditions.”
Intelligence Agency (CIA); and
(2) special retirement accrual benefits and50 U.S.C. 403e et seq., the CIA Act, provides
iki/CRS-RL31916disability in the same manner provided for bythe CIA Retirement Act and in section 18 of thethe Director of Central Intelligence (DCI) withauthority to pay transportation and moving
g/wCIA Act of 1949.expenses, including those of dependents, to
s.or
leakCIA personnel stationed outside of the
continental United States, including expenses
://wikiof authorized home leave.
http
New 5 U.S.C. 9906(a). Special pay and benefits10 U.S.C. 1605 - Benefits for certainNo similar provision


for certain employees outside the United States. employees assigned outside the United States
The secretary could provide to certain civilianare similar, but authorizes providing
employees of DOD assigned to activitiesallowances and benefits from more statutory
outside the United States and designated by thesources and makes this authority effective
secretary for the purposes of this subsection — only to the extent appropriations are available
(1) allowances and benefits — (A) comparablefor this purpose.
to those provided by the Secretary of State to
members of the Foreign Service under chapter 922 U.S.C. 3963 establishes the Foreign
of title I of the Foreign Service Act of 1980 orService (FS) pay schedule. 22 U.S.C. 3965,
any other provision of law; or (B) comparable tothe Senior FS schedule. 5 U.S.C. 5925
those provided by the Director of Centralauthorizes a pay differential of up to 25% over

CRS-23
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Intelligence to personnel of the Centralbasic pay where living conditions are
Intelligence Agency (CIA); andsubstantially below standards in the
(2) special retirement accrual benefits andContinental US, and an additional 15% for
disability in the same manner provided for bypersonnel who agree to serve at any of 40
the CIA Retirement Act and in section 18 of thedesignated hardship posts for an additional 3
CIA Act of 1949. Authority to pay theseyears. 5 U.S.C. 5928 authorizes a differential
benefits is not limited to extent appropriationsof up to 25% of base pay where personnel
have been provided.safety is “threatened by civil insurrection,
civil war, terrorism, or wartime conditions.”
50 U.S.C. 403e et seq., the CIA Act, provides
iki/CRS-RL31916the Director of Central Intelligence (DCI) withauthority to pay transportation and moving
g/wexpenses, including those of dependents, to
s.or
leakCIA personnel stationed outside of the
continental United States, including expenses
://wikiof authorized home leave.
http
50 U.S.C. 403r - Special annuity computation
rules for certain employees’ service abroad
generally allow higher annuity rates for
overseas service.
Sec. 101(b). Impact on Department of DefenseNo similar provisionSec. 841(b)(3) of P.L. 107-296 -
Civilian Personnel. - (1) Any exercise ofCoordination Rule is identical to the
authority under the new Chapter 99 of Title 5,proposed 101(b)(1) of DOD proposal,
including under any system established underexcept it refers to Chapter 97 of 5
such chapter, would have to be in conformanceU.S.C. rather than Chapter 99; but
with the requirements of this subsection. (2) Nothere is no counterpart to 101(b)(2) of
other provision of the act, or any provisionthe DOD proposal.


made by it, should be construed or applied in a

CRS-24
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
manner so as to limit, supersede, or otherwise
affect provisions of section 9906, except to the
extent that it does so by specific reference to
section 9906.
Sec. 101(c) of the DOD Proposal “ConformingSec. 6 of P.L. 98-224 “Authority to Continue
Amendments” — would repeal:Demonstration Project” authorized the Dept.
of the Navy to continue operation of the
(1) sec. 6 of the Civil Service Miscellaneousdemonstration project authorized by 5 U.S.C.
Amendments Act of 1983 (P.L. 98-224, 98 Stat.4703, at the Naval Weapons Center, China
49), as amended; Lake, Calif., and at the Naval Ocean Systems
Center, San Diego, Calif., until Sept. 30,
iki/CRS-RL319161990, without regard to 5 U.S.C. 4703(d)(1),
g/wwhich limits each demonstration project to not
s.ormore than 5,000 individuals and terminates it
leakbefore the end of the 5 year period after the
://wikiproject takes effect.
http
Sec. 342 of P.L.103-337 “Extension and
(2) sec. 342 of the National DefenseExpansion of Authority to Conduct Personnel
Authorization Act for Fiscal Year 1995 (P.L.Demonstration Projects” extended the time
103-337, 108 Stat. 2721), as amended;period for operating demonstration projects
referred to in sec. 6 of P.L. 98-224, and
granted personnel demonstration authority to
the Secretary of Defense, with approval of the
OPM Director, to expand this authority to
DOD laboratories that the DOD Secretary has
designated as science and technology
reinvention laboratories. Limitations on the
number of personnel, the duration, and
number of projects set out in 5 U.S.C. sec.



CRS-25
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
4703(d) were waived and made sec. 342 rather
than 5 U.S.C. 4703 appropriate authority to
extend and expand these projects.
(3) sec. 1101 of the Strom Thurmond NationalSec. 1101 of P.L. 105-261 “Defense
Defense Authorization Act for Fiscal Year 1999Advanced Research Projects Agency
(P.L. 105-261; 112 Stat. 2139), as amended; and Experimental Personnel Management
Program for Technical Personnel” (5 U.S.C.
3104 note) authorizes the Secretary of
Defense, during the five year period beginning
on the date of enactment (Oct. 17, 1998) on an
experimental basis to (1) appoint scientists
iki/CRS-RL31916and engineers from outside the civil service
g/wand uniformed services to not more than 20
s.orscientific and engineering positions in the
leakDefense Advanced Research Projects Agency
://wikiwithout regard to any provision of title 5, U.S.
httpCode, governing the appointment of
employees in the civil service, (2) pay rates of
basic pay for positions to which these
employees are appointed at rates not in excess
of the maximum rate of basic pay authorized
for senior level positions under 5 U.S.C. 5376,
notwithstanding any provision of title 5
governing rates of pay or classification of
employees in the executive branch; and (3)
pay any employee so appointed payments in
addition to basic pay of the least of (A)
$25,000; (B) the amount equal to 25 percent
of the employee’s rate of basic pay; or (C) the
amount of the limitation applicable for a



CRS-26
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
calendar year under 5 U.S.C. 5307(a)(1). An
employee appointed under this authority is not
eligible for any bonus, monetary award, or
monetary incentive for service except for
these additional payments.
Such an appointment may not exceed 4
years, but the secretary may extend the period
of service by up to 2 years. Authority to make
these appointments terminates 5 years after
the date of enactment and after termination (1)
no appointment may be made under it; (2) a
rate of basic pay for such appointment may
iki/CRS-RL31916not take effect; and (3) no period of service
g/wmay be extended.
s.or In the case of an employee who is
leakappointed pursuant to this authority, (1)
://wikiterminating the program does not terminate
httpthe employee’s employment before the lesser
of — (A) the period for which the employee
was appointed; (B) the period to which the
employee’s service is limited, including any
extension; and (2) the rate of basic pay may
not be reduced for so long as the employee
continues to serve in the position.
Sec. 4308 of P.L. 104-106 “Demonstration
(4) sec. 4308 of the National DefenseProject Relating to Certain Personnel
Authorization Act for Fiscal Year 1996 (P.L.Management Policies and Procedures”
104-106; 110 Stat. 669) as amended. encouraged the DOD Secretary to commence
personnel demonstration projects for
acquisition workforce at DOD, under



CRS-27
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
authority of 5 U.S.C. 4703, with some
modifications.
Sec. 102. Defense Acquisition WorkforceTitle 10, U.S.C., Chapter 87, Sections 1701-No similar provision
Improvement Act (DAWIA) streamlining.1764
Would amend Title 10, U.S.C. to create a newDAWIA is the basis for nearly all of DOD’s
chapter 87A entitled “Defense Acquisitioneducation, training and career development
Workforce Streamlining.” This new sectionprograms for the acquisition workforce.
would implement statutory changes in theCongress enacted DAWIA in the FY1991
management of the training, career accession,Defense Authorization Act. It is codified in
and career education for the “acquisition,Chapter 87, Title 10, U.S.C., and has been
technology, and logistics workforce,”and codifyamended several times since enactment.
iki/CRS-RL31916such changes in the U.S. Code.
g/wSec. 103. Priority placement of displacedNo such program or similar statutes currentlyNo similar provision
s.or
leakcivilian employees.exist in Title 10, but Title 5, U.S.C.,
Would add, to Title 10, U.S.C., a new sectionparticularly the subchapters of chapter 35,
://wiki1599e, entitled “Defense priority placementU.S.C., Retention Preference, Restoration, and
httpsystem.”Reemployment, are relevant. Subchapter I,
Retention Preference, 5 U.S.C. 3501 et seq.;
Gives Secretary of Defense authority toand Subchapter V, Removal, Reinstatement,
establish one or more programs to provideand Guaranteed Placement in the Senior
displaced DOD civilian employees with priorityExecutive Service, 5 U.S.C. 3591 et seq.,
consideration for other DOD civilian employeecontains numerous provisions related to
positions. Prohibits appeals of any personnelplacement of employees after they lose their
actions undertaken pursuant to such programspositions.
outside of DOD.
Sec. 104. Establishment of auxiliaries withinNo directly-related existing statutes. Ch. 909,No similar provision


the military departments to coordinate volunteertitle 10, U.S.C., 10 U.S.C. 9441 et. seq., Civil
efforts. Air Patrol; and ch. 23, title 14, U.S.C., 14

CRS-28
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Would add, to Title 10, U.S.C., a new chapterU.S.C. 821 et seq., Coast Guard Auxiliary, are
1015, entitled “Auxiliaries.” the statutory bases for the two existing
Auxiliaries would be volunteers who wouldauxiliary components of the armed forces.
assist military departments in performing non-
combat functions. Systematizes DOD
management of volunteers.
Subtitle B — Transformation of
Management of Senior Military Leadership
(Sections 111-123)
Sec. 111. Equivalency of pay for service chiefsNo specific provision comparable. 37 U.S.C.No similar provision
iki/CRS-RL31916of staff and combatant commanders.203 prescribes rates of basic pay in
g/wSpecifies an identical rate of basic pay foraccordance with 37 U.S.C. 1009; JCS
s.orcertain senior officers (Chairman of the JointChairman’s and service chiefs’ pay first
leakChiefs of Staff, Vice Chairman of the Jointspecified in Subsection 1(1), PL 85-422. Vice
Chiefs of Staff, Chief of Staff of the Army,Chairman’s pay included by Subsection
://wikiChief of Naval Operations, Chief of Staff of the1314(d)(3), PL 100-180, 101 Stat. 1019 at
httpAir Force, Commandant of the Marine Corps,1176. 10 U.S.C. 1406 (1) contains special rule
Commandant of the Coast Guard, andfor computation of retired pay for former
Combatant Commanders). Rate of basic payChairman and Vice-Chairman of the Joint
would be 110% of the basic pay for an officer inChiefs of Staff, service Chiefs, and Services’
the O-10 grade with more than 26 years ofSenior enlisted people.
service. Adds Combatant Commanders to the
list of people eligible for special rule for
computation of retired pay.
Sec. 112. Length of service for senior leaders of10 U.S.C. 3033(a), 5033(a), 5043(a), andNo similar provision


the military departments.8033(a) specify a four-year term for service
Specifies a four-year term for Service Chiefs,chiefs, with one four-year extension allowed
which the President may extend as he deemsin time of war or natl emergency declared by
necessary. Congress.

CRS-29
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Sec. 113. Length of service for the Chairman10 U.S.C. 152 prescribes a two-year term forNo similar provision
and Vice Chairman of the Joint Chiefs of Staff. JCS Chairman, beginning October 1, of odd-
Specifies a two year term for the Chairman andnumbered years; may be reappointed twice in
Vice-Chairman of the Joint Chiefs of Staff;peace time and may be reappointed without
allows the President to reappoint for additionallimit in time of war. 10 U.S.C. 154 prescribes
two year terms as he deems necessary.same for Vice Chairman except for October 1,
provision.
Sec. 115. Eliminate mandatory terms of serviceNumerous sections of title 10 U.S.C.No similar provision
iki/CRS-RL31916for certain general and flag staff officers.identified in draft bill prescribe mandatory
g/wEliminates statutorily specified terms of office,terms for each service’s legal, chaplain, and
s.orincluding maximum terms of service (usuallyhealth professional career branches, and some
leakfour years), for certain general and flag officers. others.
://wikiThese officers would instead serve at thepleasure of the President or the Secretary of the
httprelevant military department.
Sec. 116. Lateral reassignment of certain10 U.S.C. 601 requires officers in grades O-9No similar provision


generals and admirals.and O-10 who are renominated to another
Generally, would allow the President orposition in the same grade to be confirmed by
Secretary of Defense to reassign officers alreadythe Senate in the new position.
confirmed by the Senate in the grade of O-9 or
O-10 to a position of the same grade without the
need for a subsequent Senate confirmation.
Reassignments to positions established in law
(e.g. the Chairman of the Joint Chiefs of Staff
and Service Chiefs) would continue to require
Senate approval.

CRS-30
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Sec. 117. Eliminate distribution quotas for10 U.S.C. 525(a) requires at least, 50% of allNo similar provision
general and flag officers serving in grades of O-general/flag officers to be O-7s and no more

7 and O-8.than 15.7% - 17.5% to be O-9s and O-10s,


Eliminates requirement that at least 50% ofthus requiring the remainder to be O-8s by
general and flag officers serve in grades O-7 anddefault.
O-8. Does not affect caps on officers in O-9
and O-10 grades.
Sec. 118. Extending age limits for active dutyWith minor exceptions, 10 U.S.C. 125No similar provision
general and flag officers.requires active duty general/flag officers to
Sets normal mandatory retirement age for allretire at 62, with some extensions to 64.
regular general and flag officers at 68, but
iki/CRS-RL31916allows the Secretary of Defense to defer such
g/wretirement to age 72. Does not affect current
s.ormandatory retirement age for officers in grades
leakO-6 and below.
://wikiSec. 119. Extending age limits for Reserve andSections 14510-512 of title 10 U.S.C. requireNo similar provision


httpnational Guard general and flag officers.reserve general/flag officers in grade O-7 to
Sets normal mandatory retirement age for allretire at 60; O-8, 62; others holding particular
reserve general and flag officers at 68, butpositions at 64. 10 U.S.C. 10502 and 10505
allows the Secretary of Defense to defer suchrequire age 64 retirement for senior officers in
retirement to age 72. Does not affect currentthe National Guard Bureau. 10 U.S.C. 14508
mandatory retirement age for officers in gradesgenerally requires the removal of reserve
O-6 and below. Eliminates requirement thatofficers in paygrades O-7 and O-8 after
reserve officers in grades O-7 and O-8 bereaching 30 or 35 years of service,
removed after a specified number of years ofrespectively, or five years in grade, although a
service or time in grade. Eliminates limitationssmall number of waivers are authorized.
on term of office for the chiefs of the Army10 U.S.C. 3038, 5143, 5144, and 8038 require
Reserve, Naval Reserve, Marine Corps Reserve,four-year terms with one reappointment
and Air Force Reserve.allowed for the Army, Naval, Marine Corps,
and Air Force Reserve chiefs respectively.

CRS-31
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Sec. 120. Eliminate mandatory retirement of10 U.S.C. 635 requires active dutyNo similar provision
active duty general and flag officers after 30general/flag officers in grade O-7 to retire at
years of service.30 years of service; 10 U.S.C. 636 requires
retirement at 35 years for O-8s, 38 years for
O-9s, and 40 years for O-10s.
Sec. 121. More flexible retirement rules for10 U.S.C. 1370 requires, with minorNo similar provision


military officers.exceptions, officers to serve at least 3 years in
Specifies that, in order to be eligible to retire atgrade; requires that Secretary of Defense to
a given grade, regular and reserve officers incertify in writing to Congress and the
grades O-5 and O-6 must serve in that grade forPresident that officers in grades O-9 and O-10
iki/CRS-RL31916three years; although the Secretary of Defensehave “served on active duty satisfactorily” in
g/wmay authorize the military departments tothose grades before being allowed to retire in
s.orreduce this period to two years. Allows officersthem; and prescribes detailed criteria for
leakin grades O-7 to O-10 to be retired in themeeting the time-in-grade requirements
://wikihighest grade in which the officer servedspecified.
http“satisfactorily” without a time in grade
requirement. Retirements of officers in the O-9
and O-10 grades must be approved by the
Secretary of the military department concerned,
and concurred with by the Secretary of Defense
or a presidentially designated and Senate
confirmed civilian official in the Office of the
Secretary of Defense. Eliminates the
requirement that the Secretary of Defense
certify the satisfactory service of these officers
in writing to Congress and the President

CRS-32
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Sec. 122. More flexible computation of retiredChapter 71 of title 10 U.S.C., 10 U.S.C. 1401No similar provision
pay for officers and senior enlisted members.et seq., limits retired pay to 75% of the retired
Allows officers in grades O-7 and above, whopay computation base.
have more than 30 years of service, to exceed
the 75% limit on the retired pay multiplier
specified in 10 U.S.C. 1409, for service
performed after October 1, 2003. Allows the
Secretary of Defense to establish conditions
under which enlisted personnel in grades E-8
and E-9 with more than 30 years of service can
receive similar additional credit.
iki/CRS-RL31916Sec. 123. Eliminated retired pay limitNo existing law imposes the limit directly. No similar provision


g/wapplicable to general and flag officers.Limit derives from 37 U.S.C. 203(a)(2),
s.orwhich limits active duty basic pay to that
leakspecified for Level III of the federal civilian
://wikiExecutive Schedule.
http

CRS-33
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Subtitle C — Transformation of Military
Personnel (Sections 131-137)
Sec. 131. Measuring personnel strengths.10 U.S.C. 115 requires active duty, full-timeNo similar provision
Would change the way Congress authorizesNational Guard duty, and Selected Reserve
military personnel strength levels from “endpersonnel strength at the end of each fiscal
strength” — that is, the personnel strengthyear to be authorized by Congress.
which exists on September 30th, the end of the
fiscal year — to “average strength” — that is,
the average personnel strength level maintained
over the course of the fiscal year.
iki/CRS-RL31916Sec. 132. Access to secondary schools by10 U.S.C. 503(c) requires secondary schoolsNo similar provision
g/wmilitary recruiters.to provide military recruiters with the same
s.orModifies 10 U.S.C. 503(c) so that only privateaccess to its students as provided to post-
leaksecondary schools which a verifiable religioussecondary institutions or employers, and to
objection to service in the Armed Forces areprovide access to student information such as
://wikiexempt from the sections requirements onnames, addresses, and phone numbers.
httpgranting recruiter access to secondary schoolExceptions to this policy are made for schools
students and student information.with verifiable religious objections to service
in the Armed Forces and schools whose
governing body has formally adopted a policy
to deny recruiters access to their students and
student information. 20 U.S.C. 7908 contains
a similar policy, but only provides an
exception for religious objections.
Sec. 133. Waiver of military educationAll officers selected for promotion toNo similar provision


eligibility and post-education placementbrigadier general/rear admiral (lower half)
requirements.[grade O-7], are required by 10 U.S.C. 663 to
Changes the Secretary of Defense’s authority toattend a “Capstone” professional military

CRS-34
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
waive Capstone requirements for certaineducation (PME) course to prepare them for
officers. Allows him to waive the requirementjoint military operations as general/flag
for officers whose proposed selection forofficers. Waivers are allowed for a variety of
promotion is based primarily on “career fieldreasons, including for officers whose proposed
specialty for which joint requirements do notselection for promotion is based primarily on
exist.” Eliminates the statutory requirements“scientific and technical qualifications for
specifying the proportion of officers who mustwhich joint requirements do not exist.”
go to a joint assignment immediately afterSubsection 663(d) requires a certain
graduation from a joint PME school.proportion of joint specialty officers who
graduate from a joint PME course to go to a
joint assignment immediately after graduation.
iki/CRS-RL31916Sec. 134. Length of joint duty assignments. 10 U.S.C. 664 prescribes the length of jointNo similar provision
g/wSpecifies that the length of a joint dutyduty assignments, generally not less than two
s.orassignment will mirror the standard tour lengthor three years, and specifies the conditions
leakthe Secretary of Defense establishes for eachunder which the Secretary of Defense can
://wikiinstallation or location. Specifies that duty atmodify the length of these assignments.
httpqualified Joint Task Force HeadquartersRequires the Secretary of Defense to ensure
requires one year of total service. Nothat average tour length meets specified
requirements for controlling average tourduration.
length.
Sec. 135. Ordering reserve component10 U.S.C. 12304 authorizes up to 200,000No similar provision


members to active duty to respond to disasters,reservists to be on active duty at any one time
accidents, or catastrophes.if called other than in time of war or national
Expands reasons under which 10 U.S.C. 12304emergency under its provisions, with a limit
can be used to activate reservists to includeof 270 days for any reservist so activated.
providing assistance to an emergency involvingDomestic uses are not allowed except for
serious disasters, accidents, or catastrophes.matters attendant to the use or threatened use
of a weapon of mass destruction, or a serious
terrorist attack or threatened attack

CRS-35
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Sec. 136. Improved involuntary access toNone. 10 U.S.C. 10147 specifies, in effect,No similar provision
reserve component members for enhancedlongstanding equivalents of one weekend per
training.month and not less than 14 days of annual
Allows the military departments to involuntarilytraining per year, or 30 days of annual training
order reservists to active duty for up to 90 days only.
— with the consent of the governor in the case
of National Guard units and personnel — to
perform additional training related to meeting
deployment standards.
Sec. 137. Medical and dental screening forExisting law 10 U.S.C. 1074a(d) provides, forNo similar provision
members of selected reserve units alerted forthe Army reserve components only, medical
iki/CRS-RL31916mobilization.and dental screening for those units scheduled
g/wAllows DOD to provide medical and dentalfor deployment within 75 days after
s.orscreening and care to members of the Selectedmobilization.
leakReserve assigned to a unit that has been alerted
://wikifor possible mobilization.
http
Title II- Acquisition Transformation
Subtitle A — Transformation of Acquisition
Process (Sections 201-206)
Sec. 201. Repeal requirements for major10 U.S.C. 2430 - Defines what is a “majorNo similar provision


defense acquisition programs.defense acquisition program.
This section would repeal the six statutory10 U.S.C. 2431 - Weapons development and
requirements for manpower estimates related toprocurement schedules.
major defense acquisition programs, and is part10 U.S.C. 2432 - Selected Acquisition reports
of DOD’s desire for greater flexibility,10 U.S.C. 2433 - Procurement Unit Costs

CRS-36
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
efficiency, and “freedom to manage.”10 U.S.C. 2435 - Baseline descriptions.
10 U.S.C. 2440 - Technology and Industrial
Base Plans

10 U.S.C. 2434 - Independent Cost Estimates;


Operation Manpower Requirements.
Sec. 202. Applicability of Clinger-Cohen ActExisting provisions of Clinger-Cohen Act: InNo similar provision


to equipment integral to a weapon or weaponaccordance with 40 U.S.C. 11103, which
system and DOD information technologydefines “national security” information
management.technology (IT) systems, 40 U.S.C. 11302-03
Permits Secretary of Defense to exempt thisrequires detailed oversight of national
equipment from oversight and managementsecurity-related information technology
iki/CRS-RL31916controls of Clinger-Cohen Act contained in 40acquisition by OMB. 40 U.S.C. 11312-13
g/wU.S.C. 11302, 11303, 11312, 11313, and 11316.specifies various guidelines for maximizing
s.orefficiency and transparency in the IT
leakacquisition and utilization process; 40 U.S.C.
://wiki11316 requires senior federal managers to
httpcarefully monitor agency IT management.
10 U.S.C. 2223(a) requires DOD Chief
Reassigns DOD CIO system duplicationInformation Officer (CIO) to eliminate
elimination responsibility contained in 10duplicate IT systems in DOD and to maintain
U.S.C. 22239(a) to Secretary of Defense anddetailed inventory of DOD IT systems.
eliminates inventory requirement.
Sec. 811, PL 106-398, requires DOD CIO to
closely monitor, and approve in stages, major
DOD IT acquisition efforts; requires, through
Repeals all provisions of Sec. 811, PL 106-398.FY2003, DOD to notify congressional defense
committee when the CIO redesignates a
“major” IT system as something else; and
requires annual reports on DOD

CRS-37
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
implementation of these statutes to those
congressional defense committees.
Repeals annual report requirement of Sec. 351,Sec. 351, PL 107-314, requires an annual
PL 107-314.report to Congress on “high” and “low”-
threshold IT programs.
Sec. 203. Inflation adjustment of acquisition-41 U.S.C. 421 established the FederalNo similar provision


related dollar thresholds.Acquisition Regulatory Council (FARC) as
This section increases the FARC’s authority bycomposed of the Federal Procurement Policy
granting it the authority to adjust statutoryAdministrator, Secretary of Defense, NASA
iki/CRS-RL31916dollar thresholds for acquisition of goods orAdministrator, and GSA Administrator, or
g/wservices in consultation with, or using escalationtheir designated representatives. The FARC
s.orrates determined by Director, OMB, dating frompublishes the Government-wide Federal
leakthe original enactment of the threshold to theAcquisition Regulation (FAR) and ensures
://wikidate of the adjustment. Agency heads arethat agency procurement regulations conform
httpgranted similar authority in statutes exclusive ofto the FAR.
their agencies.
40 U.S.C. 276(a) (Davis-Bacon Act) states
that provisions of law dealing with wages paid
40 U.S.C. 276(a) is exempted from the authorityon federal work shall apply to all contracts on
to adjust thresholds.public buildings and works generally, whether
advertised for bid or cost-plus.

41 U.S.C. 351 et seq. (Services Contract Act),


Service Contract Labor Standards, specifies
provisions to be included in each federal
41 U.S.C. 351 et seq. is exempted from theservice contract in excess of $2,500 that uses
authority to adjust thresholds.non-federal employees.

CRS-38
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Sec. 204. Security interest exception to10 U.S.C. 2533a. Requirement to buy certainNo similar provision
domestic source or content requirements.articles from American sources with some
Amends Subtitle A, Part IV, Subchapter V,exceptions. Also known as the Berry
Chapter 148 of Title 10 by adding SectionAmendment.
2539(c), Waiver of domestic source or content
requirements.
Sec. 205. Clarification of Buy American10 U.S.C. 2533a (see above) and 41 U.S.C.No similar provision
requirements.10a through 10d (known as the Buy American
Amends 10 U.S.C. 2533a to allow DOD toAct).
expedite the procurement of items needed to
support contingency operations, and in
iki/CRS-RL31916situations of “unusual and compelling urgency.”
g/w
s.orSec. 206. Amendment of cataloging and10 U.S.C. 2451(b) requires that each DODNo similar provision


leakstandardization provisions.item recurrently used be identified by a single
://wiki10 U.S.C. 2451(b) item identificationrequirement is eliminated.unique catalog identification from purchasethrough disposal.
http
Eliminates 10 U.S.C. 2541(c) DOD10 U.S.C. 2541(c) requires that DOD, to the
standardization requirement. Permits DOD tohighest extent practicable, standardize the
adopt international or domestic voluntaryspecification, packaging, and preserving, and
standards, to develop DOD standards only whenefficiently inspect, test, and accept supply
necessary, and to reduce number of sizes anditems.
kinds of similar items.10 U.S.C. 2452 (2), (3), and (4) require the
Secretary of Defense to direct the use of the
Strikes 10 U.S.C. 2452(2),(3), and (4). Directssupply catalog for all supply functions from
Secretary to participate with industry to developdetermination of requirements to final
voluntary standards and use them in lieu ofdisposal, direct the screening and description
government specifications and standards to theof all items and the publication of the catalog,
maximum extent.and to liaise with industry advisory groups on
catalog and standardization program
development.

CRS-39
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
10 U.S.C. 2452 (6) directs the Secretary to
Renames “bureau and services” as “defenseassign responsibility for parts of the catalog to
agencies” in 10 U.S.C. 2452(6).military services and DOD bureaus and
services.
10 U.S.C. 2452 (7) directs the Secretary to
Deletes 10 U.S.C. 2452(7).establish time schedules for the assignments
under (6), above.
10 U.S.C. 2453 and 2454 direct the Secretary
Repeals 10 U.S.C. 2453 and 2454.of Defense to distribute parts of the supply
iki/CRS-RL31916catalog as they are produced and authorizeshim/her to add new items and delete old items
g/was necessary. Only items listed in the catalog
s.or
leakmay be routinely purchased, and new items,
once purchased, must be added to the catalog.
://wiki
http10 U.S.C. 2457(d) requires a biennial report to
Congress on progress in standardizing
Eliminates 10 U.S.C. 2457(d).equipment with NATO members, including
efforts undertaken and procurements made.
10 U.S.C. 2458 requires the Secretary of
Defense to issue a single, uniform policy on
Repeals 10 U.S.C. 2458the management of DOD inventory items, and
to consider efforts to eliminate waste and
achieve cost savings in the performance
evaluations of procurement and inventory
managers.



CRS-40
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Subtitle B-Transformation of Contracting
Process (Sections 211-214)
Sec. 211. Contracting for Security Guards and10 U.S.C. 2465 - Prohibition on contracts forNo similar provision
Firefighting Services. Section 2465 of title 10,performance of firefighting or security-guard
United States Code, would be repealed. functions generally denies obligation or
Repeals current law by allowing DOD toexpenditure of DOD appropriated funds for
conduct competitions for security guard andfirefighting and security guard functions at
firefighting functions at military installations inany military installation or facility.
the continental United States.
Sec. 212. Contracts with small business.10 U.S.C. 2381. Contracts: regulations forNo similar provision
iki/CRS-RL31916Amends current law to establish annual goalsbids.
g/wfor DOD small business contracts, and creates a
s.ornew section, 10 U.S.C. 2323. Contract goal for small
leak(10 U.S.C. 2382. Contracts with smalldisadvantaged business and certain
businesses.)institutions of higher education.
://wiki
http15 U.S.C. 544. Awards or contracts.
Public Law 105-135, Small Business
Reauthorization Act of 1997, Sections 411
through 414.
Sec. 213. Performance based logistics: special10 U.S.C. 2464. Core logistics capabilities.No similar provision


procurement and funding authority.10 U.S.C. 2466. Limitations on the
Grants the Secretary of defense the authority toperformance of depot-level maintenance of
enter into long-term performance based logisticsmaterial.
contracts, to improve the weapons procurement10 U.S.C. 2469. Contracts to perform
process, efficiency, and costs.workloads previously performed by depot-
level maintenance and repair workloads
formerly performed at certain military
installations.

31 U.S.C. 1301. Application.



CRS-41
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Sec. 214. Depot-related legislative reform.10 U.S.C. 2460. Definition of depot-levelNo similar provision


Amends 10 U.S.C. 2466 which allows no moremaintenance and repair.
than half (50%) of the funds made available in a
given fiscal year, to a military department, for10 U.S.C. 2466. Limitations on the
depot-maintenance and repair work to beperformance of depot-level maintenance of
contracted out for performance by the privatematerial.
sector. The amendment would set a minimum
of half (50%) of the depot maintenance and10 U.S.C. 2469. Contracts to perform
repair workloads to be performed by federalworkloads previously performed by depot-
government personnel or at government-ownedlevel maintenance and repair workloads
facilities.formerly performed at certain military
iki/CRS-RL31916 installations.
g/w10 U.S.C. 2469a. Use of competitive
s.or
leakprocedures in contracting for performance of
depot-level maintenance and repair workloads
://wikiformerly performed at certain military
http installations.
10 U.S.C. 2470. Depot-level activities of the
Department of Defense: authority to compete
for maintenance and repair workloads of other
federal agencies.
10 U.S.C. 2472. Management of depot
employees.
10 U.S. C. 2474. Centers of Industrial and
Technical Excellence.

CRS-42
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Title III — Installation Management
Transformation (Section 301)
Sec. 301(a) would create a new chapter (§2015-While there is no exact comparable provisionNo similar provision
§2019) in Part III of Subtitle A of Title 10 in thein current law, national security exemptions
U.S. Code (“Training Generally”). This newmay be obtained on a case-by-case basis under
chapter would modify existing statutesthe Endangered Species Act [16 U.S.C.
indirectly for certain military and related1536(j)]; Clean Air Act [42 U.S.C. 7418(b)];
activities, provisions that are sometimes referredSolid Waste Disposal Act [42 U.S.C.
to as “waivers,” for military readiness activities6961(a)]; and CERCLA [42 U.S.C. 9620(j)].
iki/CRS-RL31916from certain requirements under four federal
g/wenvironmental statutes that are codified under
s.orother titles: Endangered Species Act (16 U.S.C.
leak1531 et seq.); Clean Air Act (42 U.S.C. 7401 et
://wikiseq.); Solid Waste Disposal Act (42 U.S.C.
http6901 et seq.); Comprehensive Environmental
Response, Compensation, and Liability Act
(CERCLA, 42 U.S.C. 9601 et seq.).
Consequently, the language of these four
statutes would not be amended directly. This
new chapter would apply to the Department of
Defense and the U.S. Coast Guard.
§2015. Purpose of this chapter. Explains theNo comparable provision in current law.No similar provision


Administration’s justification for the need to
modify certain environmental requirements to
preserve the use of lands, marine areas, and
airspace withdrawn or designated for military
use, in order to ensure military readiness.

CRS-43
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
§2016. Definitions. Would create statutory10 U.S.C. 101 (Armed Forces) does notNo similar provision
definitions for (1) “military readinessinclude a comparable definition for “military
activities,” (2) “combat” or “combat use,” andreadiness activities” or “combat” or “combat
(3) “Department” (as used in 10 U.S.C.use.”
101(a)(6) to mean the Department of Defense
and the U.S. Coast Guard).
§2017. Military readiness and the conservation16 U.S.C. 670a (Sikes Act Improvement Act)No similar provision


of protected species. (a) would determine thatrequires the Secretary of each military
an Integrated Natural Resource Managementdepartment to cooperate with the U.S. Fish
iki/CRS-RL31916Plan (INRMP) for military lands whichand Wildlife Service and state fish and
g/w“addresses endangered or threatened species andwildlife agencies in order to prepare and
s.ortheir habitat” provides “special managementimplement an INRMP for each military
leakconsiderations or protection” and wouldinstallation in the United States with
://wikitherefore preclude designation of such lands ascritical habitat under the Endangered Species“significant” natural resources. Each plan isto reflect a mutual agreement on integrating
httpAct.an installation’s mission with requirements to
conserve, protect, and manage natural
resources.
16 U.S.C. 1532(5)(A) (Endangered Species
Act) defines “critical habitat” as geographical
areas that are (i) “essential to the
conservation” of an endangered or threatened
species, and (ii) which “may require special
management considerations or protection.”
Can include areas that are currently
unoccupied by an endangered or threatened
species if such areas include habitat that is
essential to the conservation of the species.

CRS-44
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
16 U.S.C. 1533 specifies the criteria that the
Secretary of the Interior or the Secretary of
Commerce must use to determine whether a
species is endangered or threatened.
(b) would specify that precluding the16 U.S.C. 1536(a)(2) requires each federalNo similar provision
designation of critical habitat for an endangeredagency to consult with the Secretary of the
or threatened species does not remove theInterior or the Secretary of Commerce to
requirement for agency consultations underinsure that any action carried out by that
Section 7(a)(2) of the Endangered Species Act.agency “is not likely to jeopardize the
continued existence of any endangered or
threatened species or result in the destruction
iki/CRS-RL31916or adverse modification” of critical habitat for
g/wsuch species, unless an exemption for the
s.oraction has been granted by an “Endangered
leakSpecies Committee,” composed of the
://wikiSecretary of the Army and the heads of
httpseveral federal environmental and natural
resource agencies.
§2018. Conformity with State Implementation42 U.S.C. 7506 (Clean Air Act) prohibitsNo similar provision


Plans for air quality. Would provide that thefederal departments or agencies from
Department shall not be prohibited fromengaging in or supporting activities that do not
conducting military readiness activities underconform to a State Implementation Plan (SIP)
the Clean Air Act’s conformity requirement, butapproved under the Clean Air Act. SIPs
requires that the Department estimate theinventory emissions and identify the measures
quantity of emissions caused by the readinessthat will be taken to control them in order to
activities, notify the state air quality agencyattain six national air quality standards in
before engaging in such activities, and ensureareas identified as nonattainment.
conformity within 3 years of the date new
activities begin. In assessing non-attainment of
several standards, the Environmental Protection

CRS-45
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Agency will consider whether an area would
attain or maintain required air quality, “but for”
DOD military readiness activities.
§2019. Range management and restoration. 42 U.S.C. 6901(Solid Waste Disposal Act)No similar provision
(a)(1)(A) would create a new statutorydefines solid waste in general terms, but does
definition of solid waste that would alter thenot explicitly address military munitions. A
definition provided in the Solid Waste Disposalmore specific definition is provided in federal
Act. The new definition would categorizeregulation (40 CFR 266.202). These
military munitions as solid waste if they haveregulations identify the conditions under
been deposited on an “operational range” andwhich military munitions are considered solid
they (i) are removed for reclamation, treatment,waste, and are therefore subject to waste
iki/CRS-RL31916or disposal; (ii) are recovered, collected, andmanagement and disposal requirements under
g/wdisposed of by burial or land filling; (iii)the Solid Waste Disposal Act. There is
s.ormigrate off an operational range and are notdisagreement as to the extent to which the
leakaddressed under CERCLA; or (iv) are depositedcurrent regulations differ from the
://wikioff an operational range and are not “promptlyAdministration’s proposed statutory language.
httprendered safe or retrieved.”
42 U.S.C. 9601 et seq. (CERCLA) specifies
requirements for response to contamination
from the release of hazardous substances into
the environment, as well as the liability for
such response.
(a)(1)(B)would specify that military munitions42 U.S.C. 6971 (Section 7002) prohibits anNo similar provision


defined as solid waste shall be subject toemployer from firing or discriminating against
provisions in the Solid Waste Disposal Act,an employee who reveals a solid or hazardous
“including but not limited to” provisionswaste violation that an employer has
regarding employee protection (Section 7002)committed. Also specifies reporting
and citizen suits (Section 7003).requirements regarding information needed to
protect the occupational safety and health of
workers at solid and hazardous waste

CRS-46
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management and disposal facilities.
42 U.S.C. 6972 (Section 7003) permits citizen
suits against any person who violates
requirements under the Solid Waste Disposal
Act.
(a)(2) would establish statutory language toAs noted above, 42 U.S.C. 6901 defines solidNo similar provision
exclude military munitions from the definitionwaste in general terms, but does not explicitly
of solid waste if they (i) are used in trainingaddress military munitions. Rather, the
activities, or research, development, testing andconditions when military munitions are
evaluation of military munitions, weapons, orconsidered solid waste are specified in federal
iki/CRS-RL31916weapons systems and remain on an operationalregulation (40 CFR 266.202).
g/wrange; or (ii) are “promptly rendered safe or
s.orretrieved” when deposited off of an operational
leakrange; or (iii) are “recovered, collected, and
://wikidestroyed on-range” in the process of clearing a
httprange, “but not including the on-range burial of
unexploded ordnance and contaminants when
the burial is not a result of product use.”
(a)(3) would specify that military munitions onNo comparable provision in current law.No similar provision
an operational range would be subject to
applicable legal requirements once the range
ceases to be operational.
b)(1) would create a new statutory definition of42 U.S.C. 9601(22) (CERCLA) definesNo similar provision


“release” that would alter the definition of this“release” for the purposes of determining
term under CERCLA for the activities covered. when the emission of a hazardous substance
Military munitions would be defined as ainto the environment is covered under
“release” if they are deposited off an operationalCERCLA. Military munitions are not
range, or if they migrate off an operationalexplicitly addressed in the definition of release
range.under current law.

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(b)(2) would establish statutory language toNo comparable provision in current law.No similar provision
exclude from the definition of “release” military
munitions on an operational range that have
been deposited “incident to their normal and
expected use and remain thereon” from the
definition of release under CERCLA.
(b)(3) would retain the President’s authority42 U.S.C. 9606(a) (CERCLA) authorizes theNo similar provision
under CERCLA to take action in the event thatPresident to take action that would abate an
there is an “imminent and substantialimminent and substantial danger or threat to
endangerment to the public health or welfare orpublic health or welfare, or the environment,
the environment because of an actual orfrom an actual or threatened release of a
iki/CRS-RL31916threatened release of a hazardous substance,”hazardous substance.
g/wresulting from the deposit or presence of
s.ormilitary munitions on an operational range.
leakAlso would specify that the Department of
://wikiDefense would retain its authority “to protect
httpthe environment, safety, and health on
operational ranges.”
Sec. 301 (b) would amend the Marine Mammal 16 U.S.C. 1361 et seq.No similar provision
Protection Act to preserve the use of marine
areas for combat training purposes in order to
ensure military readiness. This subsection
would apply to the Department of Defense and
the U.S. Coast Guard.
§301(b)(1)(A) would provide a separate16 U.S.C. 1362 (18) defines two levels ofNo similar provision


definition of harassment applicable to militaryharassment that are applicable to all activities
readiness activities.wherein marine mammals are pursued,
tormented, or annoyed.
Harassment is defined as anything having the

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Harassment, applicable to military readiness“potential” to injure.
activities, is defined as any action that injures or
has “significant potential” to injure; or
Harassment is defined as anything with the
that disturbs or is “likely” to disturb; or“potential” to disturb.
Harassment is defined as anything that
such that “behavioral patterns are abandoned or“causes] disruption of behavioral patterns.”
significantly altered;” or
iki/CRS-RL31916is “directed toward a specific individual, groupor stock of marine mammals in the wild,” that isNo comparable provision in current law.
g/wlikely to disturb by disrupting behavior.
s.or
leak§301(b)(1)(B) would add new definitions ofThese terms are not defined in current law.No similar provision
://wiki“military readiness activities,” “combat or
httpcombat use,” and “Department of Defense.”
§301(b)(2)(A) would create a new category of16 U.S.C. 1371 provides for a blanketNo similar provision
exemption for the Department of Defense,moratorium on the taking and import of
providing for five-year authorizations formarine mammals, with specific exemptions,
incidental taking of marine mammals,including for scientific research, public
specifically for military readiness activities. display, photography, enhancement of
This exemption is almost exactly the same assurvival or recovery, import of polar bear
that provided for the commercial fishingtrophies from Canada, during commercial
industry in 16 U.S.C. 1371(a)(5), with thefishing, deterring a marine mammal from
addition that nothing “shall require disclosure ofdamaging private property or endangering
information classified in the interests of nationalpersonal safety, and by certain Alaskan
defense.” Natives
§301(b)(2)(B) would reletter subsections of 16Technical amendment.No similar provision


U.S.C. 1371.

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§301(b)(2)(C) would add, near the end of 16No similar provision is provided by currentNo similar provision
U.S.C. 1371, a blanket exemption for “actionslaw.
necessary for national defense.”
Title IV — Administrative
Transformation
Subtitle A — Transformation of DOD
Organization (Sections 401-405)
Sec. 401 - Reorganization Within the10 U.S.C. 125 - Functions, powers, andSec. 872 - Reorganization of P.L.
iki/CRS-RL31916Department of Defense. Subsections (b) and (c)duties; transfer, reassignment, consolidation,107- 296 authorizes the DHS
g/wof 10 U.S.C. 125 would be redesignated asor abolition restricts the power of theSecretary to allocate or reallocate
s.orsubsections (c) and (d) and a new section (b)secretary, except when determined by thefunctions among officers and
leak
would be added, providing that,president to be necessary because of hostilitiesestablish, consolidate, alter, or
://wiki“Notwithstanding any provision of this title,or an imminent threat thereof, to transfer,discontinue organizational units but
httpafter the expiration of 60 days after providingreassign, consolidate, or abolish a function,only pursuant to the president’s
notice of such action to Congress, the Secretarypower, or duty vested in DOD by law. reorganization plan in sec. 1502(b) of
of Defense, subject to direction of the President,P.L. 107-296 or after expiration of 60
would be authorized substantially to transfer,days after notifying appropriate
reassign, consolidate, reorganize, or abolish acongressional committees. This
function, power, organization, position, or dutyauthority does not extend to
vested in the Office of the Secretary of Defense,abolishing any agency, entity,
or an officer, official, or agency thereof.” organizational unit, program, or
function established or required to be
maintained by the P.L. 107-108 or
other statute.
Sec. 402 - Reassignment of Personnel Serving10 U.S.C. 143 - Office of the Secretary ofNo similar provision


in the Office of the Secretary of Defense. Defense (OSD) personnel establishes a
Section 143 of title 10, United States Code,permanent limitation on OSD military and
would be repealed. civilian personnel, defines personnel, and

CRS-50
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limits reassignment of functions to evade the
personnel limitation
Sec. 403 - Appointments of Retired Members of5 U.S.C. 3326 - Appointments of retiredNo similar provision
the Armed Forces to Positions in themembers of the armed forces to positions in
Department of Defense Section 3326 of title 5,the Department of Defense. A retired armed
United States Code, would be repealed.forces member may not be appointed to a civil
service position in DOD within 180 days
immediately following retirement unless the
secretary concerned authorizes it, the
minimum rate of basic pay for the position has
been increased under 5 U.S.C. 5305, or a state
iki/CRS-RL31916of national emergency exists.
g/w
s.orSec. 404 - Transfer of Department of DefenseNo similar provision with respect to
leakPersonnel Security Investigative Functions andtransferring security investigative
://wikiDefense Personnel Performing Those Functionsgrants the secretary discretion to transfer tofunctions, but see below.
httpOPM and OPM discretion to accept personnelSec. 841(b) of P.L. 107-296 - Effect
security investigation functions currentlyon Personnel, provides that (1)
performed by DOD’s Defense Security Servicegenerally the transfer to the
and, if OPM accepts those functions, it mustDepartment of Homeland Security of
accept the employees performing thosefull-time and part-time employees
functions and their supervisors and may acceptholding permanent positions shall not
support staff and higher level supervisors. cause them to be separated or reduced
Transferred personnel would be protected fromin pay for 1 year after transfer; (2)
separation or reduction in grade ofany person who, on the day preceding
compensation for one year after transfer date. transfer to the Department, held an
Any transfer for this purpose would beExecutive Level position and who,
considered a transfer of function under 5 U.S.C.without a break in service, is
3503. appointed to a DHS position with
5 U.S.C. 3503 - Transfer of functions providescomparable duties continues to be
that when a function is transferred from onecompensated in the new position at



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agency to another or when one agency isnot less than the rate provided for
replaced by another, each competingsuch position for the duration of
employee must be transferred before theservice in the new position; and (3)
receiving agency may make an appointmentthat any exercise of authority under
from another source. chapter 97 of title 5 must conform
with the requirements of section

841(b).


iki/CRS-RL31916
g/wSec. 405 - Conversions of CommercialNo similar provision
s.orActivities.
leak
://wiki(a) Section 2461(b)(3)(A) of title 10, UnitedStates Code, would be amended by (1) striking10 U.S.C. 2461 - Commercial or industrialtype functions; required studies and reports of
http“of the cost;” (2) striking “savings” andsavings to be achieved before converting to
inserting “best value;” (3) redesignating clausecontractor performance
(iii) as (iv); and (4) inserting after (ii) the
following new clause (iii): “Benefits in addition Section 2461(b)(3)(A) states that:
to price that warrant performance of the
function by a source at a cost higher than that of(3) An analysis of commercial or industrial
performance by Department of Defense civiliantyp function for possible change to
employees.” performance by the private sector shall
include the following:
(A) An examination of the cost of
performance of the function by Department of
Defense civilian employees and by one or
more private contractors to demonstrate
whether change to performance by the private



CRS-52
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Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
sector will result in savings to the government
over the life of the contract, including in the
examination the following:
(i) The cost to the government, estimated
by the Secretary of Defense (based on offers
received), for performance of the function by
the private sector.
(ii) The estimated cost to the government
of Department of Defense civilian employees
iki/CRS-RL31916performing the function.
g/w (iii) In addition to the costs referred to in
s.or
leakclause (i), an estimate of all other costs and
expenditures that would incur because of the
://wikiaward of such a contract.
http
(b) Contracting if Best Value. - Section 2462(a)10 U.S.C. 2462 - Contracting for certainNo similar provision


of title 10, United States Code, would besupplies and services required when cost is
amended by striking “such a source can providelower
such supply or service to the Department at a
cost that is lower (after including any cost Section 2462(a) states that:
differential required by law, executive order, or
regulation) than the cost at which the (a) In General. — Except as otherwise
Department can provide the same supply orprovided by law, the Secretary of Defense
service” and inserting “performance by thatshall procure each supply or service necessary
source represents the best value to thefor or beneficial to the accomplishment of the
government, determined in accordance with theauthorized functions of the Department of
competition requirements of OMB Circular A-Defense (other than functions which the
76.” Secretary of Defense determines must be
performed by military or government

CRS-53
The Defense Transformation For the 21stCurrent LawHomeland Security Act of 2002
Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
personnel) from a source in the private sector
if such source can provide such supply or
service to the Department at a cost that is
lower (after including any cost differential
required by law, executive order, or
regulation) than the cost at which the
Department can provide the same supply or
service.
Subtitle B — Transformation of
Appropriations and Budget Process
(Sections 411-414)
iki/CRS-RL31916
g/wSec. 411. Enhanced general transfer authority. 10 U.S.C. 2214 stipulates that fundsNo similar provision


s.orRelaxes 10 U.S.C. 2214.authorized in an appropriation Act for transfer
leakPermits Secretary of Defense to transfer 2.5% ofin a working capital fund or between funds
annual working capital or military function (notappropriated for military functions of the
://wikimilitary construction) appropriations betweenDepartment of Defense (other than military
httpfunds with 15-day prior notification toconstruction), the transferred funds are to be
Congress. The percentage able to be transferredmerged with and be used for the same purpose
is doubled during war or national emergency. and for the same period as the existing
The prohibition on presenting requests forappropriation. Amounts can be transferred for
transfers to lower-priority items to Congress isuse only on a higher priority item (based on an
eliminated.unforseen military requirement) than for
which originally appropriated and cannot be
used for any item already denied by Congress.
DOD and the military departments are
forbidden to request transfer to a lower
priority item. The Secretary is to promptly
notify Congress of such transfer.

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Sec. 412. Transfer of funds to correct specificNo similar provision
acquisition funding problems.
This creates new authority within 10 U.S.C.
2214 to supplement development funds with
transfers of up to $20 million (per program) or
$250 million (per FY) from appropriated
procurement accounts. Unused funds may be
returned to procurement accounts.
Sec. 413. Ballistic missile defense system.10 U.S.C. 223 enacted as Section 233 of the
Repeals 10 U.S.C. 223 which providesNational Defense Authorization Act for
Congress authority to require DOD to submit toFy1998, P.L. 105-85. FY02 appropriations
iki/CRS-RL31916Congress budget justification material forconferees anticipated and supported creation
g/windividual programs of the ballistic missileof the MDA, but cautioned DOD against
s.orsystem.creating a management and decision-making
leakstructure that would limit oversight by
://wikioperational test and evaluation and program
httpreview agencies (see H. Rpt 107-350). This
was repeated for FY03 (H.Rept. 107-732).
Sec. 414. Funding for the Missile DefenseNo existing statutes.No similar provision


Agency (MDA). Directs that all funding for
Missile Defense Agency activities be
appropriated into a “Missile Defense Agency”
account and maybe obligated for three years.
This could reduce the separation between
development and procurement funds.

CRS-55
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Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
Subtitle C — Transformation of Information
Gathering for Congress (Sections 421-422)
Sec. 421. Sunset on recurring reports,No similar provision (Cf. 109 Stat. 707 andSec. 311(h), (j). Reports of the
termination five years after the date of the112 Stat. 3280).Homeland Security Science and
enactment of the statute requiring the report, theTechnology Advisory Committee are
annual report of the Secretary of Defense (10eliminated with the committee three
U.S.C. 113) excepted.years after the effective date of the
act.
Sec. 312(f)-(g). Annual report of the
Homeland Security Institute is
eliminated with the Institute three
iki/CRS-RL31916years after the effective date of theact.
g/w
s.orSec. 422. Repeal of 180 Department of DefenseNo Similar provision (Cf. 109 Stat. 707 andSec. 889(b). Repeal of duplicative
leakreporting requirements; modification of three112 Stat. 3280).reports mandated by Sec. 1051 of
://wikiother reporting requirements.P.L. 105-85 and Sec. 1403 of P.L.
http 105-261.
Subtitle D — Transformation of
Management of Naval Vessels (Sections

431-432)


Sec. 431. Repeal of notice and wait period prior10 U.S.C. 7296 requires that, before theNo similar provision


to reducing the inventory of combatant surfacenumber of Navy surface combatants (i.e.,
vessels.cruisers, destroyers, and frigates) can be

10 U.S.C. 7296 is repealed. reduced from 116 or higher to less than 116,


or from some number less than 116 to a lesser
number, the Secretary of the Navy must notify
the House and Senate Armed Services
Committees in writing, and a period of 90
days following the date on which the
notification is received must expire. 10
U.S.C. 7296 also requires that, whenever the

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Century Act — Proposed(Except DHS Citations)DHS-Specific Provisions
number of active Navy surface combatants is
less than 116, the Secretary of the Navy must
maintain a sufficient number of inactive
surface combatants on the Naval Vessel
Register to enable the Navy to return to a
force of not less than 116 surface combatants
within 120 days after the date of any decision
by the President to increase the number of
surface combatants.
Sec. 432. Overhaul and repair of ships on10 U.S.C. 7310 prohibits the Navy from usingNo similar provision
extended deployments. Adds provision to 10shipyards outside the United States or Guam
iki/CRS-RL31916U.S.C. 7310 to permit a US-homeported vesselto overhaul, repair or maintain Navy ships that
g/wdeployed overseas for more than 12 months toare homeported in the United States, except
s.orbe overhauled, repaired, or maintained by afor the purpose of making voyage repairs (i.e.,
leakshipyard outside the US or Guam.repairing equipment that breaks while the ship
is on an overseas voyage.).
://wiki
httpSubtitle E — Miscellaneous Provisions
(Section 441)
Sec. 441. Support of foreign nations committed toNo similar provision.No similar provision


combating global terrorism.
Would authorize $200 million. Permits Secretary of
Defense with concurrence of Secretary of State, to
provide up to $200 million annually in additional
military assistance or support to foreign nations that
assist the US in combatting global terrorism.

Key Policy Staff
Area of Expertise NamePhoneE-Mail
Acquisition and Contracting Valerie Grasso7-7617vgrasso@crs.loc.gov
BudgetDaniel Else7-4996delse@crs.loc.gov
Central Intelligence AgencyRichard Best7-7607rbest@crs.loc.gov
Collective BargainingJon Shimabukuro7-7990jshimabukuro@crs.loc.gov
Environmental IssuesDavid Bearden7-2390dbearden@crs.loc.gov
Foreign ServiceSusan Epstein7-6678sepstein@crs.loc.gov
General Civil Service PolicySharon Gressle7-8677sgressle@crs.loc.gov
General Personnel StatutesThomas J. Nicola7-5004tnicola@crs.loc.gov
Military PersonnelRobert L. Goldich7-7633rgoldich@crs.loc.gov
ManagementLawrence Kapp7-7609lkapp@crs.loc.gov
Missile DefenseSteven A. Hildreth7-7635shildreth@crs.loc.gov
Naval IssuesRonald O’Rourke7-7610rorourke@crs.loc.gov
Overall Civil Service PolicyBarbara L. Schwemle7-8655bschwemle@crs.loc.gov
and Compensation
Reorganization and ReportingHarold Relyea7-8679hrelyea@crs.loc.gov
Requirements
Retirement and Re-employmentPatrick Purcell7-7571ppurcell@crs.loc.gov
Security AssistanceRichard F. Grimmett7-7675rgrimmett@crs.loc.gov
Senior Executive ServiceL. Elaine Halchin7-0646ehalchin@crs.loc.gov