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

Page 293 TITLE 10—ARMED FORCES § 194 FIRST REPORT AND OTHER ACTIONS BY CHAIRMAN OF JOINT CHIEFS OF STAFF Pub. L. 99–433, title III, § 304(b), Oct. 1, 1986, 100 Stat. 1025, required the first report under subsec. (a) of sec- tion 193 of this title to be submitted and subsecs. (b) and (c) of section 193 to be implemented not later than one year after Oct. 1, 1986, and a report on implementa- tion to be submitted to Congress for 1988 under section 113(c) of this title. § 194. Limitations on personnel (a) CAP ON HEADQUARTERS MANAGEMENT PER- SONNEL.—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 head- quarters support activities in the Defense Agen- cies and Department of Defense Field Activities may not exceed the number that is the number of such members and employees assigned or de- tailed to such duty on September 30, 1989. (b) CAP ON OTHER PERSONNEL.—The total num- ber 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 head- quarters activities or management headquarters support activities, may not exceed the number that is the number of such members and em- ployees assigned or detailed to such duty on September 30, 1989. (c) PROHIBITION AGAINST CERTAIN ACTIONS TO EXCEED LIMITATIONS.—The limitations in sub- sections (a) and (b) may not be exceeded by re- categorizing or redefining duties, functions, of- fices, 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 Depart- ment 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.) Editorial Notes AMENDMENTS 2013—Subsec. (f). Pub. L. 113–66 substituted ‘‘Instruc- tion 5100.73, titled ‘Major DoD Headquarters Activi- ties’.’’ for ‘‘Directive 5100.73, entitled ‘Department of Defense Management Headquarters and Headquarters Support Activities’ and dated January 7, 1985.’’ 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’’. Statutory Notes and Related Subsidiaries EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON PERSONNEL Baseline personnel limitations in this section inappli- cable to certain acquisition personnel and personnel hired pursuant to a shortage category designation for fiscal year 2009 and fiscal years thereafter, and Sec- retary of Defense or a secretary of a military depart- ment authorized to adjust such limitations for fiscal year 2009 and fiscal years thereafter, see section 1111 of Pub. L. 110–417, set out as a note under section 143 of this title. REDUCTIONS IN DEFENSE INTELLIGENCE AGENCY PERSONNEL Pub. L. 100–202, § 101(b) [title VIII, § 8122], Dec. 22, 1987, 101 Stat. 1329–43, 1329–85, provided that nothing in sec- tion 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 allo- cating personnel reductions to the Defense Intelligence Agency, prior to repeal by Pub. L. 100–456, div. A, title XII, § 1213, Sept. 29, 1988, 102 Stat. 2053. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT HEADQUARTERS ACTIVITIES AND CERTAIN OTHER AC- TIVITIES Pub. L. 99–433, title VI, § 601, Oct. 1, 1986, 100 Stat. 1064, as amended by Pub. L. 100–180, div. A, title XIII, § 1312, Dec. 4, 1987, 101 Stat. 1174; Pub. L. 101–189, div. A, title XVI, § 1622(h)(2), Nov. 29, 1989, 103 Stat. 1606, pro- vided that: ‘‘(a) MILITARY DEPARTMENTS AND COMBATANT COM- MANDS.—(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 manage- ment headquarters activities or management head- quarters 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 activi- ties 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 Head- quarters, Marine Corps. ‘‘(C) The Office of the Secretary of the Air Force and the Air Staff. ‘‘(D) The immediate headquarters staff of the com- mander of each unified or specified combatant com- mand. ‘‘(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 com- mander of that command, after consulting with his di- rectly 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 head- quarters activities and management headquarters sup- port 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 em- ployees assigned or detailed to such duty on September 30, 1986. Page 294 TITLE 10—ARMED FORCES § 195 ‘‘(B) Not later than September 30, 1989, the Secretary shall carry out an additional reduction in such mem- bers and employees of not less than 10 percent of the number of such members and employees assigned or de- tailed to such duty on September 30, 1988. ‘‘(C) If the number of members and employees re- duced 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 re- quired to be reduced under paragraph (2). ‘‘(2)(A) Not later than September 30, 1988, the Sec- retary 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 de- tailed 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 mem- bers and employees of not less than 5 percent of the number of such members and employees assigned or de- tailed 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 num- ber 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 para- graph, the Secretary may, in meeting the additional re- duction 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 sub- section. ‘‘(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 du- ties, functions, offices, or organizations. ‘‘(d) ALLOCATIONS TO BE MADE BY SECRETARY OF DE- FENSE.—(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 require- ments dictate that a reduction (or any portion of a re- duction) 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 as- signed or detailed to permanent duty in management headquarters activities or management headquarters support activities, or (B) to personnel assigned or de- tailed to permanent duty in other than management headquarters activities or management headquarters support activities, as the case may be, of the Depart- ment 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 re- quired to be made under this section are in addition to any reductions required to be made under other provi- sions 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 reduc- tions 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 Depart- ment. ‘‘(g) DEFINITIONS.—For purposes of this section, the terms ‘management headquarters activities’ and ‘man- agement headquarters support activities’ have the meanings given those terms in Department of Defense Directive 5100.73, entitled ‘Department of Defense Man- agement Headquarters and Headquarters Support Ac- tivities’ and dated January 7, 1985.’’ § 195. Defense Automated Printing Service: appli- cability of Federal printing requirements The Defense Automated Printing Service shall comply fully with the requirements of section 501 of title 44 relating to the production and pro- curement of printing, binding, and blank-book work. (Added Pub. L. 105–85, div. A, title III, § 383(a), Nov. 18, 1997, 111 Stat. 1711.) Statutory Notes and Related Subsidiaries AUTHORITY TO PROCURE SERVICES FROM GOVERNMENT PUBLISHING OFFICE Pub. L. 105–85, div. A, title III, § 387(c), Nov. 18, 1997, 111 Stat. 1713, as amended by Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that: ‘‘Consistent with section 501 of title 44, United States Code, the Secretary of a military department or head of a Defense Agency may contract directly with the Government Publishing Office for printing and du- plication services otherwise available through the De- fense Automated Printing Service.’’ [§ 196. Renumbered § 4173] § 197. Defense Logistics Agency: fees charged for logistics information (a) AUTHORITY.—The Secretary of Defense may charge fees for providing information in the Federal Logistics Information System through Defense Logistics Information Services to a de- partment or agency of the executive branch out- side the Department of Defense, or to a State, a political subdivision of a State, or any person. (b) AMOUNT.—The fee or fees prescribed under subsection (a) shall be such amount or amounts as the Secretary of Defense determines appro- priate for recovering the costs of providing in- formation as described in such subsection. (c) RETENTION OF FEES.—Fees collected under this section shall be credited to the appropria- tion available for Defense Logistics Information Services for the fiscal year in which collected, shall be merged with other sums in such appro- priation, and shall be available for the same pur- poses and period as the appropriation with which merged. (d) DEFENSE LOGISTICS INFORMATION SERVICES DEFINED.—In this section, the term ‘‘Defense Lo- gistics Information Services’’ means the organi- zation within the Defense Logistics Agency that is known as Defense Logistics Information Serv- ices. (Added Pub. L. 108–375, div. A, title X, § 1010(a), Oct. 28, 2004, 118 Stat. 2038.) § 198. Office of Local Defense Community Co- operation (a) IN GENERAL.—There is in the Department of Defense an Office of Local Defense Commu-