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10 U.S.C. § 194 — Limitations on personnel

submitted 40 years ago by Pub. L. 99-433 to r/title-10-ARMED-FORCES · 256 words · no verdicts yet

in plain englishAI-generated · not legal advice

Defense Agencies and Field Activities can't have more staff than they had on September 30, 1989. This caps both headquarters staff and other personnel separately. Agencies can't dodge the caps by renaming jobs, and the rule pauses during war or a national emergency.

(a) Cap on Headquarters Management Personnel. The total number of military members and civilian employees permanently working in management headquarters activities or management headquarters support activities, across the Defense Agencies and Field Activities, cannot go above the number that was there on September 30, 1989. (b) Cap on Other Personnel. The total number of military members and civilian employees permanently working in the Defense Agencies and Field Activities — not counting those in management headquarters roles — also cannot go above the number there on September 30, 1989. (c) Prohibition Against Certain Actions to Exceed Limitations. Agencies cannot get around these limits by relabeling or redefining jobs, functions, offices, or organizations. (d) Exclusion of NSA. The National Security Agency is not counted when figuring out or enforcing these limits. (e) Waiver. These limits don't apply during a declared war, or during a national emergency declared by the President or Congress. (f) Definitions. "Management headquarters activities" and "management headquarters support activities" mean what they mean in Department of Defense Instruction 5100.73, titled "Major DoD Headquarters Activities."
the actual law source: uscode.house.gov ↗public domain
(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”.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-433 · 100 Stat. 1021
  • 1987Amended · Pub. L. 100-180 · 101 Stat. 1175
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1605
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 818

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-433 on 1986-10-01.

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