(Added Pub. L. 98–94, title IX, § 932(a)(1),Sept. 24, 1983, 97 Stat. 649; amended Pub. L. 101–510, div. A, title VII, § 714,Nov. 5, 1990, 104 Stat. 1584; Pub. L. 103–160, div. A, title VII, § 712(a)(1),Nov. 30, 1993, 107 Stat. 1688; Pub. L. 104–106, div. A, title VII, § 733(a),Feb. 10, 1996, 110 Stat. 381; Pub. L. 105–85, div. A, title VII, § 736(a),Nov. 18, 1997, 111 Stat. 1814; Pub. L. 105–261, div. A, title VII, § 733(a),Oct. 17, 1998, 112 Stat. 2072; Pub. L. 106–398, § 1 [[div. A], title VII, § 705], Oct. 30, 2000, 114 Stat. 1654, 1654A–175; Pub. L. 107–296, title XVII, § 1704(b)(1),Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VII, § 707,Dec. 2, 2002, 116 Stat. 2585; Pub. L. 108–136, div. A, title VII, § 721,Nov. 24, 2003, 117 Stat. 1531; Pub. L. 112–239, div. A, title VII, § 713(b),Jan. 2, 2013, 126 Stat. 1803.)
2013—Subsec. (c)(3). Pub. L. 112–239
added par. (3).
2003—Subsec. (a)(2). Pub. L. 108–136
struck out at end “The Secretary may not enter into a contract under this paragraph after December 31, 2003.”
2002—Subsec. (a). Pub. L. 107–296
substituted “of Homeland Security” for “of Transportation” in two places.
Subsec. (a)(2). Pub. L. 107–314
substituted “December 31, 2003” for “December 31, 2002”.
2000—Subsec. (a)(2). Pub. L. 106–398
substituted “December 31, 2002” for “December 31, 2000”.
1998—Subsec. (a)(2). Pub. L. 105–261
substituted “December 31, 2000” for “the end of the one-year period beginning on the date of the enactment of this paragraph”.
1997—Subsec. (a). Pub. L. 105–85
designated existing provisions as par. (1) and added par. (2).
1996—Subsec. (a). Pub. L. 104–106
inserted “, with respect to medical treatment facilities of the Department of Defense, and the Secretary of Transportation, with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy,” after “Secretary of Defense” and substituted “such facilities” for “medical treatment facilities of the Department of Defense”.
1993—Pub. L. 103–160
substituted “Personal services contracts” for “Contracts for direct health care providers” in section catchline and amended text generally. Prior to amendment, text read as follows:
“(a) The Secretary concerned may contract with persons for services (including personal services) for the provision of direct health care services determined by the Secretary concerned to be required for the purposes of this chapter.
“(b) A person with whom the Secretary contracts under this section for the provision of direct health care services under this chapter may be compensated at a rate prescribed by the Secretary concerned, but at a rate not greater than the rate of basic pay, special and incentive pays and bonuses, and allowances authorized by chapters 3, 5, and 7 of title
for a commissioned officer with comparable professional qualifications in pay grade O–6 with 26 or more years of service computed under section 205 of such title.”
1990—Subsec. (b). Pub. L. 101–510
substituted “basic pay, special and incentive pays and bonuses, and allowances authorized by chapters 3, 5, and 7 of title
for a commissioned officer with comparable professional qualifications” for “basic pay and allowances authorized by chapters 3 and 7 of title
for a commissioned officer”.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296
effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) ofPub. L. 107–296
, set out as a note under section
of this title.
Effective Date of 1996 Amendment
Pub. L. 104–106
, div. A, title VII, § 733(c),Feb. 10, 1996, 110 Stat. 381
, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as of October 1, 1995.”
Pub. L. 98–94
, title IX, § 932(f),Sept. 24, 1983, 97 Stat. 650
, provided that: “The amendments made by this section [enacting this section, amending section
, Pay and Allowances of the Uniformed Services, and repealing sections
of this title and section
] shall take effect on October 1, 1983. Any contract of employment entered into under the authority of section
, United States Code, before the effective date of this section and which is in effect on such date shall remain in effect in accordance with the terms of such contract.”
Test of Alternative Process for Conducting Medical Screenings for Enlistment Qualification
Pub. L. 105–261
, div. A, title VII, § 733(b),Oct. 17, 1998, 112 Stat. 2072
, as amended by Pub. L. 106–65
, div. A, title X, § 1067(3),Oct. 5, 1999, 113 Stat. 774
, directed the Secretary of Defense to conduct a test to determine whether an alternative to the system used by the Department of Defense of employing fee-basis physicians for determining the medical qualifications for enlistment of applicants for military service would reduce the number of disqualifying medical conditions detected during the initial entry training of such applicants, and whether an alternative system would meet or exceed the cost, responsiveness, and timeliness standards of the system in use or achieve any savings or cost avoidance, and to submit to committees of Congress a report on the results and findings of the test not later than Mar. 1, 2000.
Ratification of Existing Contracts
Pub. L. 104–106
, div. A, title VII, § 733(b),Feb. 10, 1996, 110 Stat. 381
, provided that: “Any exercise of authority under section
, United States Code, to enter into a personal services contract on behalf of the Coast Guard before the effective date of the amendments made by subsection (a) [Oct. 1, 1995] is hereby ratified.”
Personal Service Contracts To Provide Care
Pub. L. 103–337
, div. A, title VII, § 704(c),Oct. 5, 1994, 108 Stat. 2799
, as amended by Pub. L. 108–375
, div. A, title VII, § 717(a),Oct. 28, 2004, 118 Stat. 1986
, provided that:
“(1) The Secretary of Defense may enter into personal service contracts under the authority of section
, United States Code, with persons described in paragraph (2) to provide the services of clinical counselors, family advocacy program staff, and victim’s services representatives to members of the Armed Forces and covered beneficiaries who require such services. Notwithstanding subsection (a) of such section, such services may be provided in medical treatment facilities of the Department of Defense or elsewhere as determined appropriate by the Secretary.
“(2) The persons with whom the Secretary may enter into a personal services contract under this subsection shall include clinical social workers, psychologists, marriage and family therapists certified as such by a certification recognized by the Secretary of Defense, psychiatrists, and other comparable professionals who have advanced degrees in counseling or related academic disciplines and who meet all requirements for State licensure and board certification requirements, if any, within their fields of specialization.”
Report on Compensation by Medical Specialty
Pub. L. 103–160
, div. A, title VII, § 712(b),Nov. 30, 1993, 107 Stat. 1689
, directed the Secretary of Defense to submit to Congress a report, not later than 30 days after the end of the 180-day period beginning on the date on which the Secretary had first used the authority provided under this section, as amended by Pub. L. 103–160
, specifying the compensation provided to medical specialists who had agreed to enter into personal services contracts under such section during that period, the extent to which amounts of compensation exceeded amounts previously provided, the total number and medical specialties of specialists serving during that period pursuant to such contracts, and the number of specialists who had received compensation in an amount in excess of the maximum which had been authorized under this section, as in effect on Nov. 29, 1993.