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10 U.S.C. § 129cMedical personnel: limitations on reductions

submitted 30 years ago by Pub. L. 104-106 to r/title-10-ARMED-FORCES · 339 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense can't cut military medical staff below a set level without certifying it to Congress. The certification must say the extra staff isn't needed and won't raise health-care costs. Any reduction must be spread fairly across the armed forces and between active and reserve members.

(a) Limitation on Reduction. For any fiscal year, the Secretary of Defense can't reduce the number of Defense Department medical personnel described in subsection (b) unless the Secretary makes the certification described in subsection (c) for that year. (b) Covered Reductions. Subsection (a) applies to any cut that would bring medical personnel, by the end of a fiscal year, below (1) 95 percent of the number there was at the end of the previous fiscal year, or (2) 90 percent of the number there was at the end of the fiscal year three years earlier. (c) Certification. To make the certification, the Secretary must tell Congress that (1) the medical personnel being cut are more than the Department currently and will likely need, and (2) the cut won't raise the cost of health care under the Civilian Health and Medical Program of the Uniformed Services (chapter 55 of this title). (d) Policy for Implementing Reductions. Whenever the Secretary orders a cut in total military medical personnel, the Secretary must make sure the cut isn't unfairly loaded onto any one armed service, and isn't unfairly loaded onto either the active or the reserve component. (e) Definition. In this section, "medical personnel" means (1) the armed forces members covered by that term as defined in section 115a(e)(2) of this title, and (2) the Department's civilian personnel assigned to military medical facilities.
the actual law source: uscode.house.gov ↗public domain
(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) 1 of this title; and

(2)

the civilian personnel of the Department of Defense assigned to military medical facilities.

Source credit: (Added Pub. L. 104–106, div. A, title V, § 564(a)(1), Feb. 10, 1996, 110 Stat. 325; amended Pub. L. 105–85, div. A, title X, § 1073(a)(4), Nov. 18, 1997, 111 Stat. 1900.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-106 · 110 Stat. 325
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1900

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-106 on 1996-02-10.

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