United States Code

USC most recently checked for updates: Sep 30, 2023

§ 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 Instruction 5100.73, titled “Major DoD Headquarters Activities”.
(Added Pub. L. 99–433, title III, § 301(a)(2), Oct. 1, 1986, 100 Stat. 1021; amended Pub. L. 100–180, div. A, title XIII, § 1314(b)(3), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101–189, div. A, title XVI, § 1622(h)(1), Nov. 29, 1989, 103 Stat. 1605; Pub. L. 113–66, div. A, title IX, § 906, Dec. 26, 2013, 127 Stat. 818.)
cite as: 10 USC 194