
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC129c]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                 CHAPTER 3--GENERAL POWERS AND FUNCTIONS
 
Sec. 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(e)(2) of this 
    title; and
        (2) the civilian personnel of the Department of Defense assigned 
    to military medical facilities.

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


                            Prior Provisions

    Provisions similar to those in this section were contained in Pub. 
L. 101-510, div. A, title VII, Sec. 711, Nov. 5, 1990, 104 Stat. 1582, 
as amended, which was set out as a note under section 115 of this title, 
prior to repeal by Pub. L. 104-106, Sec. 564(d)(1).


                               Amendments

    1997--Subsec. (e)(1). Pub. L. 105-85 substituted ``section 
115a(e)(2)'' for ``section 115a(g)(2)''.


              Special Transition Rule for Fiscal Year 1996

    Section 564(b) of Pub. L. 104-106 provided that: ``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).''
