Pub. L. 104-106, div. A, tit. V, subtit. F, sec. 564

LIMITATIONS ON REDUCTIONS IN MEDICAL PERSONNEL.

EnactedYear: 1996Length: 709 wordsOfficial source
SEC. 564. LIMITATIONS ON REDUCTIONS IN MEDICAL PERSONNEL. (a) In General.— (1) Chapter 3 of title 10, United States Code, is amended by inserting after section 129b the following new section: 110 STAT. 326 “§ 129c. Medical personnel: limitations on reductions “(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(g)(2) of this title; and “(2) the civilian personnel of the Department of Defense assigned to military medical facilities.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 129b the following new item: “129c. Medical personnel: limitations on reductions.”. (b) Special Transition Rule for Fiscal Year 1996.— For purposes of applying subsection (b)(1) of section 129c of title 10, United States Code, as added by subsection (a), during fiscal year 1996, the number against which the percentage limitation of 95 percent is computed shall be the number of medical personnel of the Department of Defense as of the end of fiscal year 1994 (rather than the number as of the end of fiscal year 1995). (c) Report on Planned Reductions.— (1) Not later than March 1, 1996, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a plan for the reduction 110 STAT. 327of the number of medical personnel of the Department of Defense over the five-year period beginning on October 1, 1996. (2) The Secretary shall prepare the plan through the Assistant Secretary of Defense having responsibility for health affairs, who shall consult in the preparation of the plan with the urgeon General of the Army, the Surgeon General of the Navy, and the Surgeon General of the Air Force. (3) For purposes of this subsection, the term “medical personnel of the Department of Defense” shall have the meaning given the term “medical personnel” in section 129c(e) of title 10, United States Code, as added by subsection (a). (d) Repeal of Superseded Provisions of Law.— The following provisions of law are repealed: (1) Section 711 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 115 note). (2) Subsection (b) of section 718 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 115 note). (3) Section 518 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 12001 note).
Pub. L. 104-106, div. A, tit. V, subtit. F, sec. 564: LIMITATIONS ON REDUCTIONS IN MEDICAL PERSONNEL. | Justis AI