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10 U.S.C. § 129c — Medical personnel: limitations on reductions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation on Reduction.—** For any fiscal year, the Secretary of Defense may not make a reduction in the number of medical personnel of the Department of Defense described in subsection (b) unless the Secretary makes a certification for that fiscal year described in subsection (c).
**(b) Covered Reductions.—** Subsection (a) applies to a reduction in the number of medical personnel of the Department of Defense as of the end of a fiscal year to a number that is less than—
(1) 95 percent of the number of such personnel at the end of the immediately preceding fiscal year; or
(2) 90 percent of the number of such personnel at the end of the third fiscal year preceding the fiscal year.
**(c) Certification.—** A certification referred to in subsection (a) with respect to reductions in medical personnel of the Department of Defense for any fiscal year is a certification by the Secretary of Defense to Congress that—
(1) the number of medical personnel being reduced is excess to the current and projected needs of the Department of Defense; and
(2) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services under chapter 55 of this title.
**(d) Policy for Implementing Reductions.—** Whenever the Secretary of Defense directs that there be a reduction in the total number of military medical personnel of the Department of Defense, the Secretary shall require that the reduction be carried out so as to ensure that the reduction is not exclusively or disproportionately borne by any one of the armed forces and is not exclusively or disproportionately borne by either the active or the reserve components.
**(e) Definition.—** In this section, the term “medical personnel” me
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Source location: Title 10, Chapter 3, § 129c; chapter-003-general-powers-and-functions.md
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**(a) Limitation on Reduction.—** For any fiscal year, the Secretary of Defense may not make a reduction in the number of medical personnel of the Department of Defense described in subsection (b) unless the Secretary makes a certification for that fiscal year described in subsection (c).
**(b) Covered Reductions.—** Subsection (a) applies to a reduction in the number of medical personnel of the Department of Defense as of the end of a fiscal year to a number that is less than—
(1) 95 percent of the number of such personnel at the end of the immediately preceding fiscal year; or
(2) 90 percent of the number of such personnel at the end of the third fiscal year preceding the fiscal year.
**(c) Certification.—** A certification referred to in subsection (a) with respect to reductions in medical personnel of the Department of Defense for any fiscal year is a certification by the Secretary of Defense to Congress that—
(1) the number of medical personnel being reduced is excess to the current and projected needs of the Department of Defense; and
(2) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services under chapter 55 of this title.
**(d) Policy for Implementing Reductions.—** Whenever the Secretary of Defense directs that there be a reduction in the total number of military medical personnel of the Department of Defense, the Secretary shall require that the reduction be carried out so as to ensure that the reduction is not exclusively or disproportionately borne by any one of the armed forces and is not exclusively or disproportionately borne by either the active or the reserve components.
**(e) Definition.—** In this section, the term “medical personnel” means—
(1) the members of the armed forces covered by the term “medical personnel” as defined in section 115a(e)(2) 11 See References in Text note below. of this title; and
(2) the civilian personnel of the Department of Defense assigned to military medical facilities.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Active-Duty, Selected Reserve, and Space Force End Strengths To Be Authorized by Law.—** Congress shall authorize personnel strength levels for each fiscal year for each of the following:
(1) The end strength for the Army, Navy, Air Force, and Marine Corps for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel unless on active duty pursuant to subsection (b), and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel unless on active duty or full-time National Guard duty pursuant to subsection (b).
(2) The end strength for the Selected Reserve of each reserve component of the armed forces.
(3) The end strength for the Space Force for members in space force active status.
**(b) Certain Reserves on Active Duty To Be Authorized by Law.—**
(1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full-time National Guard duty at any given time who are called or ordered to—
(A) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=prelim) for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense;
(B) full-time National Guard duty under [section 502(f)(1)(B) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f/1/B&num=0&edition=prelim) for the purpose of providing operational support when authorized by the Secretary of Defense;
(C) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=pr
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Resources Sharing Agreements.—** The Secretary of Defense may enter into an agreement providing for the sharing of resources between facilities of the uniformed services and facilities of a civilian health care provider or providers that the Secretary contracts with under section 1079, 1086, or 1097 of this title if the Secretary determines that such an agreement would result in the delivery of health care to which covered beneficiaries are entitled under this chapter in a more effective, efficient, or economical manner.
**(b) Eligible Resources.—** An agreement entered into under subsection (a) may provide for the sharing of—
(1) personnel (including support personnel);
(2) equipment;
(3) supplies; and
(4) any other items or facilities necessary for the provision of health care services.
**(c) Computation of Charges.—** A covered beneficiary who is a dependent, with respect to care provided to such beneficiary in facilities of the uniformed services under a sharing agreement entered into under subsection (a), shall pay the charges prescribed by [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1078&num=0&edition=prelim).
**(d) Reimbursement for License Fees.—** In any case in which it is necessary for a member of the uniformed services to pay a professional license fee imposed by a government in order to provide health care services at a facility of a civilian health care provider pursuant to an agreement entered into under subsection (a), the Secretary of Defense may reimburse the member for up to $500 of the amount of the license fee paid by the member.
**(e) Medical Surge Program.—**
(1) The Secretary of Defense, in collaboration with the Secretary of Health and Human Services, shall carry out a p
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Federal law — U.S. Code and appendices · legal_authorities
Page 162
TITLE 10—ARMED FORCES
§ 129b
Pub. L. 103–139, title VIII, § 8040, Nov. 11, 1993, 107
Stat. 1449.
Pub. L. 102–396, title IX, § 9053, Oct. 6, 1992, 106 Stat.
1914.
Pub. L. 102–172, title VIII, § 8055, Nov. 26, 1991, 105
Stat. 1184.
Pub. L. 101–511, title VIII, § 8063, Nov. 5, 1990, 104 Stat.
1888.
Pub. L. 101–165, title IX, § 9085, Nov. 21, 1989, 103 Stat.
1147.
Pub. L. 100–463, title VIII, § 8079, Oct. 1, 1988, 102 Stat.
2270–30.
Pub. L. 100–202, § 101(b) [title VIII, § 8105], Dec. 22, 1987,
101 Stat. 1329–43, 1329–81.
§ 129b. Authority to procure personal services
(a) AUTHORITY.—Subject to subsection (b), the
Secretary of Defense and the Secretaries of the
military departments may—
(1) procure the services of experts or consult-
ants (or of organizations of experts or consult-
ants) in accordance with section 3109 of title 5;
and
(2) pay in connection with such services
travel expenses of individuals, including trans-
portation and per diem in lieu of subsistence
while such individuals are traveling from their
homes or places of business to official duty
stations and return as may be authorized by
law.
(b) CONDITIONS.—The services of experts or
consultants (or organizations thereof) may be
procured under subsection (a) only if the Sec-
retary of Defense or the Secretary of the mili-
tary department concerned, as the case may be,
determines that—
(1) the procurement of such services is ad-
vantageous to the United States; and
(2) such services cannot adequately be pro-
vided by the Department of Defense.
(c) REGULATIONS.—Procurement of the services
of experts and consultants (or organizations
thereof) under subsection (a) shall be carried out
under regulations prescribed by the Secretary of
Defense.
(d) ADDITIONAL
AUTHORITY
FOR
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