10 U.S.C. § 129a — General policy for total force management

Page 158 TITLE 10—ARMED FORCES § 129a Stat. 2658, 2735; Pub. L. 105–85, div. A, title XI, § 1101, Nov. 18, 1997, 111 Stat. 1922; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 112–81, div. A, title IX, § 932, Dec. 31, 2011, 125 Stat. 1543; Pub. L. 114–328, div. A, title XI, § 1101(a), (b)(1), Dec. 23, 2016, 130 Stat. 2443; Pub. L. 116–92, div. A, title XI, § 1103, Dec. 20, 2019, 133 Stat. 1596; Pub. L. 117–81, div. A, title XI, § 1102, Dec. 27, 2021, 135 Stat. 1949.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 117–81, in first sentence, substituted ‘‘solely’’ for ‘‘primarily’’ and, in second sentence, struck out ‘‘solely’’ after ‘‘shall not be sub- ject’’. 2019—Subsec. (a). Pub. L. 116–92, § 1103(1), in first sen- tence, substituted ‘‘each fiscal year primarily’’ for ‘‘each fiscal year’’, and in second sentence, substituted ‘‘The management of such personnel in any fiscal year shall not be subject solely to any’’ for ‘‘Any’’ and struck out ‘‘shall be developed on the basis of those fac- tors and shall be subject to adjustment solely for rea- sons of changed circumstances’’ after ‘‘number of em- ployees’’. Subsec. (c)(2)(A). Pub. L. 116–92, § 1103(2)(A), inserted ‘‘and associated cost’’ after ‘‘projected size’’. Subsec. (c)(2)(B). Pub. L. 116–92, § 1103(2), inserted ‘‘and associated cost’’ after ‘‘projected size’’ in two places and substituted ‘‘to reduce the overall costs of the total force of military, civilian, and contract workforces.’’ for ‘‘that have been taken to identify off- setting reductions and avoid unnecessary overall growth in the size of the civilian workforce.’’ 2016—Pub. L. 114–328, § 1101(b)(1), amended section catchline generally, substituting ‘‘Civilian personnel management’’ for ‘‘Prohibition of certain civilian per- sonnel management constraints’’. Subsec. (a). Pub. L. 114–328, § 1101(a)(1), in first sen- tence, struck out ‘‘solely’’ before ‘‘on the basis’’, in sec- ond sentence, substituted ‘‘Any’’ for ‘‘The management of such personnel in any fiscal year shall not be subject to any’’ and inserted ‘‘shall be developed on the basis of those factors and shall be subject to adjustment sole- ly for reasons of changed circumstances’’ after ‘‘em- ployees’’, and in third sentence, substituted ‘‘except in accordance with the requirements of this section and section 129a of this title.’’ for ‘‘unless such reduction is necessary due to a reduction in funds available to the Department or is required under a law that is enacted after February 10, 1996, and that refers specifically to this subsection.’’ Subsec. (b). Pub. L. 114–328, § 1101(a)(2), (3), redesig- nated subsec. (d) as (b) and struck out former subsec. (b) which related to the number of, and the amount of funds available to be paid to, indirectly funded Govern- ment employees of the Department of Defense. Subsec. (c). Pub. L. 114–328, § 1101(a)(2), (4), added sub- sec. (c) and struck out former subsec. (c) which defined the term ‘‘indirectly funded Government employees’’. Subsecs. (d) to (f). Pub. L. 114–328, § 1101(a)(2), (3), re- designated subsec. (d) as (b) and struck out subsecs. (e) and (f) which read as follows: ‘‘(e) Subsections (a), (b), and (c) apply to the Major Range and Test Facility Base (MRTFB) at the installa- tion level. ‘‘(f)(1) Not later than February 1 of each year, the Secretary of each military department and the head of each Defense Agency shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a re- port on the management of the civilian workforce under the jurisdiction of that official. ‘‘(2) Each report of an official under paragraph (1) shall contain the following: ‘‘(A) The official’s certification (i) that the civilian workforce under the jurisdiction of the official is not subject to any constraint or limitation in terms of man years, end strength, full-time equivalent posi- tions, or maximum number of employees, and (ii) that, during the 12 months preceding the date on which the report is due, such workforce has not been subject to any such constraint or limitation. ‘‘(B) A description of how the civilian workforce is managed. ‘‘(C) A detailed description of the analytical tools used to determine civilian workforce requirements during the 12-month period referred to in subpara- graph (A).’’ 2011—Subsec. (a). Pub. L. 112–81, § 932(1), inserted ‘‘the total force management policies and procedures estab- lished under section 129a of this title, (2)’’ after ‘‘(1)’’ and substituted ‘‘department, and (3)’’ for ‘‘department and (2)’’. Subsec. (d). Pub. L. 112–81, § 932(2), substituted ‘‘with- in that budget activity as determined under the total force management policies and procedures established under section 129a of this title.’’ for ‘‘within that budg- et activity for which funds are provided for that fiscal year.’’ Subsec. (e). Pub. L. 112–81, § 932(3), struck out at end ‘‘With respect to the MRTFB structure, the term ‘funds made available’ includes both direct appropriated funds and funds provided by MRTFB customers.’’ 1999—Subsec. (f)(1). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1997—Subsec. (f). Pub. L. 105–85 added subsec. (f). 1996—Subsec. (a). Pub. L. 104–201, § 1074(a)(1), sub- stituted ‘‘February 10, 1996,’’ for ‘‘the date of the enact- ment of the National Defense Authorization Act for Fiscal Year 1996’’. Pub. L. 104–106, § 1031(1), substituted ‘‘constraint or limitation in terms of man years, end strength, full- time equivalent positions, or maximum number of em- ployees. The Secretary of Defense and the Secretaries of the military departments may not be required to make a reduction in the number of full-time equivalent positions in the Department of Defense unless such re- duction is necessary due to a reduction in funds avail- able to the Department or is required under a law that is enacted after the date of the enactment of the Na- tional Defense Authorization Act for Fiscal Year 1996 and that refers specifically to this subsection.’’ for ‘‘man-year constraint or limitation.’’ Subsec. (b)(2). Pub. L. 104–106, § 1031(2), substituted ‘‘any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or max- imum number of employees’’ for ‘‘any end-strength’’. Subsec. (c)(1). Pub. L. 104–201, § 1603(1), inserted ‘‘, the Major Range and Test Facility Base,’’ after ‘‘indus- trial-type activities’’. Subsec. (d). Pub. L. 104–106, § 1031(3), added subsec. (d). Subsec. (e). Pub. L. 104–201, § 1603(2), added subsec. (e). 1991—Subsec. (a). Pub. L. 102–190 substituted ‘‘depart- ment and (2)’’ for ‘‘department, (2)’’ and struck out ‘‘, and (3) the authorized end strength for the civilian personnel of the department for such fiscal year’’ at end of first sentence. 1986—Pub. L. 99–661 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). Pub. L. 99–433 renumbered section 140b of this title as this section. § 129a. General policy for total force management (a) POLICIES AND PROCEDURES.—The Secretary of Defense shall establish policies and proce- dures for determining the most appropriate and cost efficient mix of military, civilian, and con- tractor personnel to perform the mission of the Department of Defense. (b) RISK MITIGATION OVER COST.—In estab- lishing the policies and procedures under sub- section (a), the Secretary shall clearly provide that attainment of a Department of Defense Page 159 TITLE 10—ARMED FORCES § 129a workforce sufficiently sized and comprised of the appropriate mix of personnel necessary to carry out the mission of the Department and the core mission areas of the armed forces takes precedence over cost. The Secretary may not re- duce the civilian workforce programmed full- time equivalent levels unless the Secretary con- ducts an appropriate analysis of the impacts of such reductions on workload, military force structure, lethality, readiness, operational effec- tiveness, stress on the military force, and fully burdened costs. (c) DELEGATION OF RESPONSIBILITIES.—The Secretary shall delegate responsibility for im- plementation of the policies and procedures es- tablished under subsection (a) as follows: (1) The Under Secretary of Defense for Per- sonnel and Readiness shall have overall re- sponsibility for guidance to implement such policies and procedures. (2) The Secretaries of the military depart- ments and the heads of the Defense Agencies shall have overall responsibility for the re- quirements determination, planning, program- ming, and budgeting for such policies and pro- cedures. The Secretary of Defense shall ensure that the requirements determination, plan- ning, programming, and budgeting conducted under this paragraph considers all components of the total force (including active and reserve military, the civilian workforce, and contract support) in a holistic manner— (A) to avoid duplication of efforts and waste of resources attributable to a compo- nent working outside the scope of its respon- sibilities; and (B) to ensure that risk, cost, and mission validation and prioritization considerations are consistent with the national defense strategy. (3) The Under Secretary of Defense for Ac- quisition and Sustainment shall be responsible for ensuring that the defense acquisition sys- tem, as defined in section 3001 of this title, is consistent with such policies and procedures and with implementation pursuant to para- graph (1). (4) The Under Secretary of Defense (Comp- troller) shall be responsible for ensuring that the budget for the Department of Defense is consistent with such policies and procedures. The Under Secretary shall notify the congres- sional defense committees of any deviations from such policies and procedures that are rec- ommended in the budget. (d) USE OF PLAN, INVENTORY, AND LIST.—The policies and procedures established by the Sec- retary under subsection (a) shall specifically re- quire the Department of Defense to use the fol- lowing when making determinations regarding the appropriate workforce mix necessary to per- form its mission: (1) The inventory of contracts for services required by section 4505(c) of this title. (2) The list of activities required by the Fed- eral Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note). (e) CONSIDERATIONS IN CONVERTING PERFORM- ANCE OF FUNCTIONS.— If conversion of functions to performance by either Department of Defense civilian personnel or contractor personnel is considered, the Under Secretary of Defense for Personnel and Readiness shall ensure compli- ance with— (1) section 2463 of this title (relating to guidelines and procedures for use of civilian employees to perform Department of Defense functions); and (2) section 2461 of this title (relating to pub- lic-private competition required before con- version to contractor performance). (f) CONSTRUCTION WITH OTHER REQUIRE- MENTS.—Nothing in this title may be construed as authorizing— (1) a military department or Defense Agency to directly convert a function to contractor performance without complying with section 2461 of this title; (2) the use of contractor personnel for func- tions that are inherently governmental even if there is a military or civilian personnel short- fall in the Department of Defense; (3) restrictions on the use by a military de- partment or Defense Agency of contractor per- sonnel to perform functions closely associated with inherently governmental functions, pro- vided that— (A) there are adequate resources to main- tain sufficient capabilities within the De- partment in the functional area being con- sidered for performance by contractor per- sonnel; and (B) there is adequate Government over- sight of contractor personnel performing such functions; (4) the establishment of numerical goals or budgetary savings targets for the conversion of functions to performance by either Depart- ment of Defense civilian personnel or for con- version to performance by contractor per- sonnel; or (5) the imposition of a civilian hiring freeze that may inhibit the implementation of the policies and procedures established under sub- section (a). (g) PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL.—(1) Functions performed by civilian personnel should not be performed by military personnel except— (A) if the Secretary of the military depart- ment concerned determines in writing based on mission requirements that the performance of such functions by military personnel is cost-effective, taking into account the fully- burdened costs of the civilian, military, and contractor workforces, including the impact of the performance of such functions on military career progression or when required by mili- tary necessity; or (B) such functions may be performed by military personnel for a period that does not exceed one year if the Secretary of the mili- tary department concerned determines that— (i) the performance of such functions by military personnel is required to address critical staffing needs resulting from a re- duction in personnel or budgetary resources by reason of an Act of Congress; and (ii) the military department concerned is in compliance with the policies, procedures, Page 160 TITLE 10—ARMED FORCES § 129a and analysis required by this section and section 129 of this title. (2) In determining the workforce mix between civilian and military personnel, the Secretary of a military department shall reserve military personnel for the performance of the functions that, in the estimation of the Secretary, are re- quired to be performed by military personnel in order to achieve national defense goals or in order to enable the proper functioning of the military department. In making workforce deci- sions, the Secretary shall account for the rel- ative budgetary impact of military versus civil- ian personnel in determining the functions re- quired to be performed by military personnel. (Added Pub. L. 101–510, div. A, title XIV, § 1483(b)(2), Nov. 5, 1990, 104 Stat. 1715; amended Pub. L. 112–81, div. A, title IX, § 931(a), Dec. 31, 2011, 125 Stat. 1541; Pub. L. 114–328, div. A, title IX, § 914, Dec. 23, 2016, 130 Stat. 2350; Pub. L. 115–91, div. A, title X, §§ 1051(a)(6)(B), 1081(a)(5), Dec. 12, 2017, 131 Stat. 1560, 1594; Pub. L. 115–232, div. A, title IX, § 933, Aug. 13, 2018, 132 Stat. 1938; Pub. L. 116–92, div. A, title IX, § 902(1), title XI, § 1106, Dec. 20, 2019, 133 Stat. 1542, 1597; Pub. L. 116–283, div. A, title IX, § 912, title XVIII, §§ 1808(d)(1), 1883(b)(2), Jan. 1, 2021, 134 Stat. 3802, 4160, 4294; Pub. L. 118–31, div. A, title IX, § 911, Dec. 22, 2023, 137 Stat. 364.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 115(b)(5) of this title, prior to repeal by Pub. L. 101–510, § 1483(a). AMENDMENTS 2023—Subsec. (c)(2). Pub. L. 118–31 inserted at end ‘‘The Secretary of Defense shall ensure that the re- quirements determination, planning, programming, and budgeting conducted under this paragraph con- siders all components of the total force (including ac- tive and reserve military, the civilian workforce, and contract support) in a holistic manner—’’ and added subpars. (A) and (B). 2021—Subsec. (b). Pub. L. 116–283, § 912, inserted at end ‘‘The Secretary may not reduce the civilian workforce programmed full-time equivalent levels unless the Sec- retary conducts an appropriate analysis of the impacts of such reductions on workload, military force struc- ture, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs.’’ Subsec. (c)(3). Pub. L. 116–283, § 1808(d)(1), substituted ‘‘section 3001’’ for ‘‘section 2545’’. Subsec. (d)(1). Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 4505(c)’’ for ‘‘section 2330a(c)’’. 2019—Subsec. (c)(3). Pub. L. 116–92, § 902(1), substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Ac- quisition, Technology, and Logistics’’. Subsec. (g)(1)(B). Pub. L. 116–92, § 1106, amended sub- par. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘if the performance of such functions by military personnel is required to address critical staffing needs resulting from a reduction in personnel or budgetary resources by reason of an Act of Congress, in which case such functions may not be performed by military personnel for a period in excess of one year.’’ 2018—Subsec. (g)(1)(A). Pub. L. 115–232 substituted ‘‘is cost-effective, taking into account the fully-burdened costs of the civilian, military, and contractor workforces, including the impact of the performance of such functions on military career progression or when required by military necessity’’ for ‘‘, including a per- manent conversion of such functions to performance by military personnel, is cost-effective or required by a mission’’. 2017—Subsec. (b). Pub. L. 115–91, § 1081(a)(5), struck out ‘‘(as identified pursuant to section 118b of this title)’’ after ‘‘armed forces’’. Subsec. (d). Pub. L. 115–91, § 1051(a)(6)(B), redesignated pars. (3) and (4) as (1) and (2), respectively, and struck out former pars. (1) and (2) which read as follows: ‘‘(1) The civilian strategic workforce plan (required by section 115b of this title). ‘‘(2) The civilian positions master plan (required by section 1597(c) of this title).’’ 2016—Subsec. (g). Pub. L. 114–328 added subsec. (g). 2011—Pub. L. 112–81 amended section generally. Prior to amendment, text read as follows: ‘‘The Secretary of Defense shall use the least costly form of personnel consistent with military requirements and other needs of the Department. In developing the annual personnel authorization requests to Congress and in carrying out personnel policies, the Secretary shall— ‘‘(1) consider particularly the advantages of con- verting from one form of personnel (military, civil- ian, or private contract) to another for the perform- ance of a specified job; and ‘‘(2) include in each manpower requirements report submitted under section 115a of this title a complete justification for converting from one form of per- sonnel to another.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by sections 1808(d)(1) and 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applica- bility of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. MANAGEMENT INNOVATION ACTIVITIES Pub. L. 117–81, div. A, title IX, § 908, Dec. 27, 2021, 135 Stat. 1875, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall carry out a set of activities to improve the effective- ness of management activities within the Department of Defense, with the goals of incorporating appropriate private sector management practices and technologies and enhancing the capabilities of the defense manage- ment workforce. ‘‘(b) MANAGEMENT ACTIVITIES.—Subject to the total force management requirements under section 129a of title 10, United States Code, the activities carried out under subsection (a) may include the following: ‘‘(1) Public-private partnerships with appropriate private sector and government organizations. ‘‘(2) Personnel exchange programs with appropriate industry, academic, and government organizations to enhance the capabilities of the defense management workforce. ‘‘(3) Research, development, and technology and business process prototyping activities to create new technological capabilities to support management missions, or development and testing of new manage- ment concepts and business transformation activi- ties. ‘‘(4) The designation of appropriate organizations to lead management innovation activities. ‘‘(5) A process by which defense business process owners and other personnel of the Department of De- fense can identify management and business process challenges and opportunities that could be addressed by activities carried out under this section. ‘‘(6) Processes to develop, prototype, test, and field new business processes and practices to improve de- fense management capabilities. ‘‘(7) Academic research and educational activities related to defense management missions to pro- mote— Page 161 TITLE 10—ARMED FORCES § 129a ‘‘(A) development of innovative management con- cepts; ‘‘(B) analyses and addressing of appropriate man- agement challenges; and ‘‘(C) development of programs and activities to develop the defense management workforce. ‘‘(8) Academic research and independent studies from federally funded research and development cen- ters assessing lessons learned from previous Depart- mental management reform initiatives and whether legacy organizations exist and should be consoli- dated. ‘‘(c) PLAN REQUIRED.—Not later than February 1, 2023, the Secretary of Defense shall submit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for carrying out the activities under this section. ‘‘(d) BRIEFINGS.— ‘‘(1) INITIAL BRIEFING.—Not later than July 1, 2022, the Secretary of Defense shall provide to the congres- sional defense committees an initial briefing on the activities carried out and plans developed under this section. ‘‘(2) SUBSEQUENT BRIEFING.—On a date occurring after the briefing under paragraph (1), but not later than July 1, 2023, the Secretary of Defense shall pro- vide to the congressional defense committees a brief- ing on the activities carried out and plans developed under this section.’’ STRATEGIC POLICY FOR THE RETROGRADE, RECONSTITU- TION, AND REPLACEMENT OF OPERATING FORCES USED TO SUPPORT OVERSEAS CONTINGENCY OPERATIONS Pub. L. 113–66, div. A, title III, § 324, Dec. 26, 2013, 127 Stat. 733, provided that: ‘‘(a) ESTABLISHMENT OF POLICY.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall es- tablish a policy setting forth the programs and prior- ities of the Department of Defense for the retrograde, reconstitution, and replacement of units and mate- riel used to support overseas contingency operations. The policy shall take into account national security threats, the requirements of the combatant com- mands, the current readiness of the operating forces of the military departments, and risk associated with strategic depth and the time necessary to reestablish required personnel, equipment, and training readiness in such operating forces. ‘‘(2) ELEMENTS.—The policy required under para- graph (1) shall include the following elements: ‘‘(A) Establishment and assignment of respon- sibilities and authorities within the Department for oversight and execution of the planning, organiza- tion, and management of the programs to reestab- lish the readiness of redeployed operating forces. ‘‘(B) Guidance concerning priorities, goals, objec- tives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant com- mand requirements. ‘‘(C) Oversight reporting requirements and metrics for the evaluation of Department of De- fense and military department progress on restor- ing the readiness of redeployed operating forces in accordance with the policy required under para- graph (1). ‘‘(D) A framework for joint departmental reviews of military services’ annual budgets proposed for retrograde, reconstitution, or replacement activi- ties, including an assessment of the strategic and operational risk assumed by the proposed levels of investment across the Department of Defense. ‘‘(b) IMPLEMENTATION PLAN.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense shall submit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for implementation of the policy required under this section. ‘‘(2) ELEMENTS.—The implementation plan required under paragraph (1) shall include the following ele- ments: ‘‘(A) The assignment of responsibilities and au- thorities for oversight and execution of the plan- ning, organization, and management of the pro- grams to reestablish the readiness of redeployed op- erating forces. ‘‘(B) Establishment of priorities, goals, objec- tives, timelines, and resources to reestablish the readiness of redeployed operating forces in support of national defense objectives and combatant com- mand requirements. ‘‘(C) A description of how the plan will be imple- mented, including a schedule with milestones to meet the goals of the plan. ‘‘(D) An estimate of the resources by military service and by year required to implement the plan, including an assessment of the risks assumed in the plan. ‘‘(3) UPDATES.—Not later than one year after sub- mitting the plan required under paragraph (1), and annually thereafter for two years, the Secretary of Defense shall submit to the congressional defense committees an update on progress toward meeting the goals of the plan. ‘‘(c) COMPTROLLER GENERAL REPORT.—Not later than 120 days after the date of the enactment of this Act, and annually after the submittal of each update to the implementation plan under subsection (b), the Comp- troller General of the United States shall review the implementation plan submitted under subsection (b) and the policy required by subsection (a), and submit to the congressional defense committees a report describ- ing the findings of such review and progress made to- ward meeting the goals of the plan and including any additional information relating to the policy and plan that the Comptroller General determines appropriate.’’ SAVINGS TO BE ACHIEVED IN CIVILIAN PERSONNEL WORKFORCE AND SERVICE CONTRACTOR WORKFORCE OF THE DEPARTMENT OF DEFENSE Pub. L. 112–239, div. A, title IX, § 955, Jan. 2, 2013, 126 Stat. 1896, which related to efficiencies plan for the ci- vilian personnel workforce and service contractor workforce of the Department of Defense, requiring spe- cific savings, excluding certain expenses, setting re- porting requirements, limiting transfers of functions, recommending application of certain funds saved to transition assistance for personnel separated from the Armed Forces, and providing definition of ‘‘service con- tractor workforce’’, was repealed by Pub. L. 114–328, div. A, title IX, § 915, Dec. 23, 2016, 130 Stat. 2350. CONVERSION OF MILITARY POSITIONS TO CIVILIAN POSITIONS Pub. L. 104–106, div. A, title X, § 1032, Feb. 10, 1996, 110 Stat. 429, as amended by Pub. L. 104–201, div. A, title XVI, § 1601, Sept. 23, 1996, 110 Stat. 2734, directed Sec- retary of Defense, by Sept. 30, 1996, to convert at least 3,000 military positions to civilian positions and, not later than Mar. 31, 1996, submit to Congress a plan for the implementation of conversion. PROHIBITION ON USE OF FUNDS TO ASSIGN SUPER- VISOR’S TITLE OR GRADE BASED UPON NUMBER OF PEOPLE SUPERVISED Pub. L. 104–61, title VIII, § 8031, Dec. 1, 1995, 109 Stat. 658, provided that: ‘‘None of the funds appropriated dur- ing the current fiscal year and hereafter, may be used by the Department of Defense to assign a supervisor’s title or grade when the number of people he or she su- pervises is considered as a basis for this determination: Provided, That savings that result from this provision are represented as such in future budget proposals.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 103–335, title VIII, § 8036, Sept. 30, 1994, 108 Stat. 2626. 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—