10 U.S.C. § 129b — Authority to procure personal services

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 PERSONAL SERVICES CONTRACTS.—(1) In addition to the au- thority provided under subsection (a), the Sec- retary of Defense may enter into personal serv- ices contracts if the personal services— (A) are to be provided by individuals outside the United States, regardless of their nation- ality, and are determined by the Secretary to be necessary and appropriate for supporting the activities and programs of the Department of Defense outside the United States; (B) directly support the mission of a defense intelligence component or counter-intel- ligence organization of the Department of De- fense; or (C) directly support the mission of the spe- cial operations command of the Department of Defense. (2) The contracting officer for a personal serv- ices contract under this subsection shall be re- sponsible for ensuring that— (A) the services to be procured are urgent or unique; and (B) it would not be practicable for the De- partment to obtain such services by other means. (3) The requirements of section 3109 of title 5 shall not apply to a contract entered into under this subsection. (Added Pub. L. 101–510, div. A, title XIV, § 1481(b)(1), Nov. 5, 1990, 104 Stat. 1704; amended Pub. L. 102–190, div. A, title X, § 1061(a)(2), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 108–136, div. A, title VIII, § 841(a), (b)(1), Nov. 24, 2003, 117 Stat. 1552.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 101–165, title IX, § 9002, Nov. 21, 1989, 103 Stat. 1129, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 101–510, § 1481(b)(3). AMENDMENTS 2003—Pub. L. 108–136, § 841(b)(1), substituted ‘‘Author- ity to procure personal services’’ for ‘‘Experts and con- sultants: authority to procure services of’’ in section catchline. Subsec. (d). Pub. L. 108–136, § 841(a), added subsec. (d). 1991—Pub. L. 102–190 inserted ‘‘of’’ after ‘‘services’’ in section catchline. § 129c. Medical personnel: limitations on reduc- tions (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 sub- section (b) unless the Secretary makes a certifi- cation for that fiscal year described in sub- section (c). (b) COVERED REDUCTIONS.—Subsection (a) ap- plies 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 per- sonnel at the end of the immediately pre- ceding fiscal year; or (2) 90 percent of the number of such per- sonnel at the end of the third fiscal year pre- ceding 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 Sec- retary 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 in- crease in the cost of health care services pro- vided 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 mili- tary medical personnel of the Department of De- fense, the Secretary shall require that the re- duction be carried out so as to ensure that the reduction is not exclusively or disproportion- ately 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—