
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC194]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
 CHAPTER 8--DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES
 
           SUBCHAPTER I--COMMON SUPPLY AND SERVICE ACTIVITIES
 
Sec. 194. Limitations on personnel

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

    (f) Definitions.--In this section, the terms ``management 
headquarters activities'' and ``management headquarters support 
activities'' have the meanings given those terms in Department of 
Defense Directive 5100.73, entitled ``Department of Defense Management 
Headquarters and Headquarters Support Activities'' and dated January 7, 
1985.

(Added Pub. L. 99-433, title III, Sec. 301(a)(2), Oct. 1, 1986, 100 
Stat. 1021; amended Pub. L. 100-180, div. A, title XIII, 
Sec. 1314(b)(3), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101-189, div. A, 
title XVI, Sec. 1622(h)(1), Nov. 29, 1989, 103 Stat. 1605.)


                               Amendments

    1989--Subsecs. (a), (b). Pub. L. 101-189 substituted ``The'' for 
``After September 30, 1989, the''.
    1987--Subsec. (e)(2). Pub. L. 100-180 inserted ``the President or'' 
after ``declared by''.


           Reductions in Defense Intelligence Agency Personnel

    Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8122], Dec. 22, 1987, 
101 Stat. 1329-43, 1329-85, provided that nothing in section 102d(1) of 
Public Law 100-178, 101 Stat. 1010, section 601(b)(2)(A) of Public Law 
99-433, 100 Stat. 1065 [set out below], or section 601(d) of Public Law 
99-433, 100 Stat. 1065 [set out below], shall be construed as requiring 
or suggesting that the Secretary of Defense avoid allocating personnel 
reductions to the Defense Intelligence Agency, prior to repeal by Pub. 
L. 100-456, div. A, title XII, Sec. 1213, Sept. 29, 1988, 102 Stat. 
2053.


 Reduction in Personnel Assigned to Management Headquarters Activities 
                      and Certain Other Activities

    Section 601 of Pub. L. 99-433, as amended by Pub. L. 100-180, div. 
A, title XIII, Sec. 1312, Dec. 4, 1987, 101 Stat. 1174; Pub. L. 101-189, 
div. A, title XVI, Sec. 1622(h)(2), Nov. 29, 1989, 103 Stat. 1606, 
provided that:
    ``(a) Military Departments and Combatant Commands.--(1) The total 
number of members of the Armed Forces and civilian employees assigned or 
detailed to duty described in paragraph (2) may not exceed the number 
equal to 90 percent of the total number of such members and employees 
assigned or detailed to such duty on September 30, 1986.
    ``(2) Duty referred to in paragraph (1) is permanent duty in the 
military departments and in the unified and specified combatant commands 
to perform management headquarters activities or management headquarters 
support activities.
    ``(3) In computing and implementing the limitation in paragraph (1), 
the Secretary of Defense shall exclude members and employees who are 
assigned or detailed to permanent duty to perform management 
headquarters activities or management headquarters support activities in 
the following:
        ``(A) The Office of the Secretary of the Army and the Army 
    Staff.
        ``(B) The Office of the Secretary of the Navy, the Office of the 
    Chief of Naval Operations, and the Headquarters, Marine Corps.
        ``(C) The Office of the Secretary of the Air Force and the Air 
    Staff.
        ``(D) The immediate headquarters staff of the commander of each 
    unified or specified combatant command.
    ``(4) If the Secretary of Defense applies any reduction in personnel 
required by the limitation in paragraph (1) to a unified or specified 
combatant command, the commander of that command, after consulting with 
his directly subordinate commanders, shall determine the manner in which 
the reduction shall be accomplished.
    ``(b) Defense Agencies and DOD Field Activities.--(1)(A) Not later 
than September 30, 1988, the Secretary of Defense shall reduce the total 
number of members of the Armed Forces and civilian employees assigned or 
detailed to permanent duty in the management headquarters activities and 
management headquarters support activities in the Defense Agencies and 
Department of Defense Field Activities by a number that is at least 5 
percent of the total number of such members and employees assigned or 
detailed to such duty on September 30, 1986.
    ``(B) Not later than September 30, 1989, the Secretary shall carry 
out an additional reduction in such members and employees of not less 
than 10 percent of the number of such members and employees assigned or 
detailed to such duty on September 30, 1988.
    ``(C) If the number of members and employees reduced under 
subparagraph (A) or (B) is in excess of the reduction required to be 
made by that subparagraph, such excess number may be applied to the 
number required to be reduced under paragraph (2).
    ``(2)(A) Not later than September 30, 1988, the Secretary of Defense 
shall reduce the total number of members of the Armed Forces and 
civilian employees assigned or detailed to permanent duty in the Defense 
Agencies and Department of Defense Field Activities, other than members 
and employees assigned or detailed to duty in management headquarters 
activities or management headquarters support activities, by a number 
that is at least 5 percent of the total number of such members and 
employees assigned or detailed to such duty on September 30, 1986.
    ``(B) Not later than September 30, 1989, the Secretary shall carry 
out an additional reduction in such members and employees of not less 
than 5 percent of the number of such members and employees assigned or 
detailed to such duty on September 30, 1988.
    ``(3) If after the date of the enactment of this Act [Oct. 1, 1986] 
and before October 1, 1988, the total number of members and employees 
described in paragraph (1)(A) or (2)(A) is reduced by a number that is 
in excess of the number required to be reduced under that paragraph, the 
Secretary may, in meeting the additional reduction required by paragraph 
(1)(B) or (2)(B), as the case may be, offset such additional reduction 
by that excess number.
    ``(4) The National Security Agency shall be excluded in computing 
and making reductions under this subsection.
    ``(c) Prohibition Against Certain Actions To Achieve Reductions.--
Compliance with the limitations and reductions required by subsections 
(a) and (b) may not be accomplished by recategorizing or redefining 
duties, functions, offices, or organizations.
    ``(d) Allocations To Be Made by Secretary of Defense.--(1) The 
Secretary of Defense shall allocate the reductions required to comply 
with the limitations in subsections (a) and (b) in a manner consistent 
with the efficient operation of the Department of Defense. If the 
Secretary determines that national security requirements dictate that a 
reduction (or any portion of a reduction) required by subsection (b) not 
be made from the Defense Agencies and Department of Defense Field 
Activities, the Secretary may allocate such reduction (or any portion of 
such reduction) (A) to personnel assigned or detailed to permanent duty 
in management headquarters activities or management headquarters support 
activities, or (B) to personnel assigned or detailed to permanent duty 
in other than management headquarters activities or management 
headquarters support activities, as the case may be, of the Department 
of Defense other than the Defense Agencies and Department of Defense 
Field Activities.
    ``(2) Among the actions that are taken to carry out the reductions 
required by subsections (a) and (b), the Secretary shall consolidate and 
eliminate unnecessary management headquarters activities and management 
headquarters support activities.
    ``(e) Total Reductions.--Reductions in personnel required to be made 
under this section are in addition to any reductions required to be made 
under other provisions of this Act or any amendment made by this Act 
[see Short Title of 1986 Amendment note set out under section 111 of the 
title].
    ``(f) Exclusion.--In computing and making reductions under this 
section, there shall be excluded not more than 1,600 personnel 
transferred during fiscal year 1988 from the General Services 
Administration to the Department of Defense for the purpose of having 
the Department of Defense assume responsibility for the management, 
operation, and administration of certain real property under the 
jurisdiction of that Department.
    ``(g) Definitions.--For purposes of this section, the terms 
`management headquarters activities' and `management headquarters 
support activities' have the meanings given those terms in Department of 
Defense Directive 5100.73, entitled `Department of Defense Management 
Headquarters and Headquarters Support Activities' and dated January 7, 
1985.''
