§ 1091. SENSE OF CONGRESS AND POLICY CONCERNING PERSONS DETAINED BY THE UNITED STATES.
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(a)Authority.—
(1)The Secretary of Defense, with respect to medical treatment facilities of the Department of Defense, and the Secretary of Homeland Security, with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy, may enter into personal services contracts to carry out health care responsibilities in such facilities, as determined to be necessary by the Secretary. The authority provided in this subsection is in addition to any other contract authorities of the Secretary, including authorities relating to the management of such facilities and the administration of this chapter.
(2)The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may also enter into personal services contracts to carry out other health care responsibilities of the Secretary (such as the provision of medical screening examinations at Military Entrance Processing Stations) at locations outside medical treatment facilities, as determined necessary pursuant to regulations prescribed by the Secretary.
(b)Limitation on Amount of Compensation.— In no case may the total amount of compensation paid to an individual in any year under a personal services contract entered into under subsection
(a)exceed the amount of annual compensation (excluding the allowances for expenses) specified in section 102 of title 3.
(c)Procedures.—
(1)The Secretary shall establish by regulation procedures for entering into personal services contracts with individuals under subsection (a). At a minimum, such procedures shall assure—
(A)the provision of adequate notice of contract opportunities to individuals residing in the area of the medical treatment facility involved; and
(B)consideration of interested individuals solely on the basis of the qualifications established for the contract and the proposed contract price.
(2)Upon the establishment of the procedures under paragraph (1), the Secretary may exempt contracts covered by this section from the competitive contracting requirements specified in section 2304 1 of this title or any other similar requirements of law.
(3)The procedures established under paragraph
(1)may provide for a contracting officer to authorize a contractor to enter into a subcontract for personal services on behalf of the agency upon a determination that the subcontract is—
(A)consistent with the requirements of this section and the procedures established under paragraph (1); and
(B)in the best interests of the agency.
(d)Exceptions.— The procedures and exemptions provided under subsection
(c)shall not apply to personal services contracts entered into under subsection
(a)with entities other than individuals or to any contract that is not an authorized personal services contract under subsection (a).
(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; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.)
Connections69 cite this · traces to 11
Cited by 69 sections · top 47
public-private-law
U.S. Code
- § 1091SENSE OF CONGRESS AND POLICY CONCERNING PERSONS DETAINED BY THE UNITED STATES.
- § 201Pay grades: assignment to; general rules
- § 320Credentialing and typing
- § 1089Defense of certain suits arising out of medical malpractice
- § 1094Licensure requirement for health-care professionals
- § 2733aMedical malpractice claims by members of the uniformed services
- § 421Allowances: no increase while dependent is entitled to basic pay
- § 9022Financial management
statutes-at-large
- Public Law 347
- Public Law 116–136To amend the Internal Revenue Code of 1986 to repeal the excise tax on high cost employer-sponsored health coverage
- Public Law 104–106To authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to reform acquisition laws and informa
- Public Law 99–661To authorize appropriations for fiscal year 1987 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to improve the defense acquisition pro
- Public Law 106–65To authorize appropriations for fiscal year 2000 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 114–328To authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 108–375To authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 98–94To authorize appropriations for fiscal year 1984 for the Armed Forces for procurement, for research, development, test, and evaluation, and for operation and maintenance, to prescribe personnel strengths for such fiscal year for the Armed Forces and for civilian employees of the Department of Defens
- Public Law 105–261To authorize appropriations for fiscal year 1999 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
register
- Rules and RegulationsInterim final rule
- Proposed RulesProposed rule with request for comments
- Proposed RulesInterim rule with request for comments
- Rules and RegulationsInterim rule with request for comments
- Proposed RulesFinal rule
- Rules and RegulationsNotice to amend and delete systems of records
- Presidential DocumentsInterim rule with request for comments
- Rules and RegulationsCorrection to final rule
- Proposed RulesFinal rule
- NoticesFinal rule
- Proposed RulesFinal rule
- Proposed RulesInterim final rule; request for comments
- Proposed RulesInterim rule with request for comments
CFR
statute-compilations
bill
- Sec. 727Acquisition strategy for health care professional staffing services
- Sec. 738Modification of acquisition strategy for health care professional staffing services
- Sec. 738Modification of acquisition strategy for health care professional staffing services
- Sec. 738Modification of acquisition strategy for health care professional staffing services
- Sec. 16005
- Sec. 16005
Traces to 11 documents
U.S. Code
- Compensation of the President§ 102
- Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293]§ 2304
- Defense acquisition system; element of the defense acquisition system§ 3001
- Definitions§ 101
- Pay grades: assignment to; general rules§ 201
- Allowances: no increase while dependent is entitled to basic pay§ 421
- Definitions§ 1072
- SENSE OF CONGRESS AND POLICY CONCERNING PERSONS DETAINED BY THE UNITED STATES.§ 1091
public-private-law
53 references not yet in our index
- 1
- Pub. L. 98–94, title IX, § 932(a)(1)
- 97 Stat. 649
- Pub. L. 101–510, div. A, title VII, § 714
- 104 Stat. 1584
- Pub. L. 103–160, div. A, title VII, § 712(a)(1)
- 107 Stat. 1688
- Pub. L. 104–106, div. A, title VII, § 733(a)
- 110 Stat. 381
- Pub. L. 105–85, div. A, title VII, § 736(a)
- 111 Stat. 1814
- Pub. L. 105–261, div. A, title VII, § 733(a)
- 112 Stat. 2072
- Pub. L. 106–398, § 1 [[div. A]
- 114 Stat. 1654
- Pub. L. 107–296, title XVII, § 1704(b)(1)
- 116 Stat. 2314
- Pub. L. 107–314, div. A, title VII, § 707
- 116 Stat. 2585
- Pub. L. 108–136, div. A, title VII, § 721
- 117 Stat. 1531
- Pub. L. 112–239, div. A, title VII, § 713(b)
- 126 Stat. 1803
- 134 Stat. 4294
- 134 Stat. 4151
- 134 Stat. 4165–4170
- Pub. L. 112–239
- Pub. L. 108–136
- Pub. L. 107–296
- Pub. L. 107–314
- Pub. L. 106–398
- Pub. L. 105–261
- Pub. L. 105–85
- Pub. L. 104–106
- Pub. L. 103–160
- Pub. L. 101–510
- section 1704(g) of Pub. L. 107–296
- Pub. L. 104–106, div. A, title VII, § 733(c)
- Pub. L. 98–94, title IX, § 932(f)
- 97 Stat. 650
+ 13 more
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cites case law
§ 1091
SENSE OF CONGRESS AND POLICY CONCERNING PERSONS DETAINED BY THE UNITED STATES.
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U.S.C.×16
Stat.×12
C.F.R.×7
Bills×6
Pub. L.×4
Stat. Comp.×4
Cite1
Pub. L.Pub. L. 98–94, title IX, § 932(a)(1)
Stat.97 Stat. 649
Cites 64 · showing 12Cited by 69 across 7 sources