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Title 10 — Armed Forces

Part III · Chapter 104 — Uniformed Services University of the Health Sciences

§ 2113. Administration of University

Statutory text

(a)

The business of the University shall be conducted by the Secretary of Defense with funds appropriated for and provided by the Department of Defense.

(b)

The Secretary shall appoint a President of the University (hereinafter in this chapter referred to as the “President”).

(c)
(1)

The Secretary, after considering the recommendations of the President, shall obtain the services of such military and civilian professors, instructors, and administrative and other employees as may be necessary to operate the University. Civilian members of the faculty and staff shall be employed under salary schedules and granted retirement and other related benefits prescribed by the Secretary (after due consideration by the Secretary) so as to place the employees of the University on a comparable basis with the employees of fully accredited schools of the health professions identified by the Secretary for purposes of this paragraph.

(2)

The Secretary may confer academic titles, as appropriate, upon military and civilian members of the faculty.

(3)

The military members of the faculty shall include a professor of military, naval, or air science as the Secretary may determine.

(4)

The limitations in sections 5307 and 5373 of title 5 do not apply to the authority of the Secretary under paragraph (1) to prescribe salary schedules and other related benefits. In no event may the total amount of compensation paid to an employee under paragraph (1) in any year (including salary, allowances, differentials, bonuses, awards, and other similar cash payments) exceed the total amount of annual compensation (excluding expenses) specified in section 102 of title 3.

(d)

The Secretary may negotiate agreements with agencies of the Federal Government to utilize on a reimbursable basis appropriate existing Federal medical resources. Under such agreements the facilities concerned will retain their identities and basic missions. The Secretary may negotiate affiliation agreements with an accredited university or universities. Such agreements may include provisions for payments for educational services provided students participating in Department of Defense educational programs.

(e)

The Secretary of Defense may establish the following educational programs at the University:

(1)

Postdoctoral, postgraduate, and technological institutes.

(2)

A graduate school of nursing.

(3)

Other schools or programs, including certificate, certification, and undergraduate degree programs, that the Secretary determines necessary in order to operate the University in a cost-effective manner.

(f)

The Secretary shall also establish programs in continuing medical education for military members of the health professions to the end that high standards of health care may be maintained within the military medical services.

(g)
(1)

The Secretary also is authorized—

(A)

to enter into contracts with, accept grants from, and make grants to the Henry M. Jackson Foundation for the Advancement of Military Medicine established under section 178 of this title, or any other nonprofit entity, for the purpose of carrying out cooperative enterprises in medical research, medical consultation, and medical education;

(B)

to make available to the Henry M. Jackson Foundation for the Advancement of Military Medicine, or any other nonprofit entity, on such terms and conditions as the Secretary determines appropriate, such space, facilities, equipment, and support services within the University as the Secretary considers necessary to accomplish cooperative enterprises undertaken by such Foundation, or nonprofit entity, and the University;

(C)

to enter into contracts with the Henry M. Jackson Foundation for the Advancement of Military Medicine, or any other nonprofit entity, under which the Secretary may furnish the services of such professional, technical, or clerical personnel as may be necessary to fulfill cooperative enterprises undertaken by such foundation, or nonprofit entity, and the University;

(D)

to accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property made to the University, including any gift, devise, or bequest for the support of an academic chair, teaching, research, or demonstration project;

(E)

to enter into agreements with the Henry M. Jackson Foundation for the Advancement of Military Medicine, or with any other nonprofit entity, under which scientists or other personnel of the Foundation or other entity may be utilized by the University for the purpose of enhancing the activities of the University in education, research, and technological applications of knowledge;

(F)

to accept the voluntary services of guest scholars and other persons; and

(G)

notwithstanding sections 2304,1 4141, and 4024 of this title, to enter into contracts and cooperative agreements with, accept grants from, and make grants to, nonprofit entities (on a sole-source basis) for the purpose specified in subparagraph (A) or for any other purpose the Secretary determines to be consistent with the mission of the University.

(2)

The Secretary may not enter into any contract with the Henry M. Jackson Foundation for the Advancement of Military Medicine, or with any other entity, if the contract would obligate the University to make outlays in advance of the enactment of budget authority for such outlays.

(3)

Scientists or other medical personnel utilized by the University under an agreement described in clause (E) of paragraph (1) may be appointed to any position within the University and may be permitted to perform such duties within the University as the Secretary may approve.

(4)

A person who provides voluntary services under the authority of clause (F) of paragraph (1) shall be considered to be an employee of the Federal Government for the purposes of chapter 81 of title 5, relating to compensation for work-related injuries, and to be an employee of the Federal Government for the purposes of chapter 171 of title 28, relating to tort claims. Such a person who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of such services.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Uniformed Services Health Professions Revitalization Act of 1972

    Pub. L. 92–426 § 2(a) · 86 Stat. 713

    Enacted · 10 U.S.C. § 2113

    Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 714

    Source evidence

    Code source credit
    Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 714

    Enacted provision · exact public law section
    (a) Title 10, United States Code, is amended by adding the following new chapters after chapter 103: 78 Stat. 1064. 10 USC 2101. “Chapter 104.— UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES “Sec. “2112. Establishment. “2113. Board of regents. “2114. Students: selection; status: obligation. “2115. Graduates: limitation on number electing tn perform civilian Federal duty. “2116. Reports to Congress. “2117. Authorization for appropriations. “§ 2112. Establishment “(a) There is hereby authorized to be established within 25 miles of the District of Columbia a Uniformed Services University of the Health Sciences (hereinafter referred to as the ‘University’), at a site or sites to be selected by the Secretary of Defense, with authority to grant appropriate advanced degrees. It shall be so organized as to graduate not less than 100 medical students annually, with the first class graduating not later than 10 years after the date of the enactment of this chapter. “(b) Except as provided in subsection (a), the numbers of persons to be graduated from the University shall Ire prescribed by the Secretary of Defense. “(c) The development of the University may be by such phases as the Secretary of Defense may prescribe, subject to the requirements of subsection (a). “§ 2113. Board of Regents “(a) The business of the University shall be conducted by a Board of Regents (hereinafter referred to as the ‘Board’) with funds appropriated Membership, for and provided by the Department of Defense. The Board shall consist of— “(1) nine persons outstanding in the fields of health and health education who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate; “(2) the Secretary of Defense, or his designee, who shall be an ex officio member; “(3) the surgeons general of the uniformed services, who shall be ex officio members; and “(4) the person referred to in subsection (d). “(b) The term of office of each member of the Board (other than ex officio members) shall be six years except that— “(1) any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall he appointed for the remainder of such term; and “(2) the terms of office of the members first taking office shall expire, as designated by the President at the time of the appointment, three at the end of two years, three at the end of four years, and three at the end of six years. “(c) One of the members of the Board (other than an ex officio member) shall be designated by the President as Chairman. He shall be the presiding officer of the Board. “(d) The Board shall appoint a Dean of the University (hereinafter referred to as the ‘Dean’) who shall also serve as a non voting ex officio member of the Board. “(e) Members of the Board (other than ex officio members) while attending conferences or meetings or while otherwise performing their duties as members shall be entitled to receive compensation at a rate to be fixed by the Secretary of Defense, but not exceeding $100 per diem and shall also be entitled to receive an allowance for necessary travel expenses while so serving away from their place of residence. “(f) The Board, after considering the recommendations of the Dean, shall obtain the services of such military and civilian professors, instructors, and administrative and other employees as may be necessary to operate the University. Civilian members of the faculty and staff shall be employed under salary schedules and granted retirement and other related benefits prescribed by the Secretary of Defense so as to place the employees of the University on a comparable basis with the employees of fully accredited schools of the health professions within the vicinity of the District of Columbia. The Board may confer academic titles, as appropriate, upon military and civilian members of the faculty. The military members of the faculty shall include a professor of military, naval, or air science as the Board may determine. “(g) The Board is authorized to negotiate agreements with agencies Federal medical resources, utilization agreements. of the Federal Government to utilize on a reimbursable basis appropriate existing Federal medical resources located in or near the District of Columbia. Under such agreements the facilities concerned will retain their identities and basic missions. The Board is also authorized to negotiate affiliation agreements with an accredited University or universities in or near the District of Columbia. Such agreements may include provisions for payments for educational services provided students participating in Department of Defense educational programs. The Board may also, subject to the approval of the Secretary of Defense, enter into an agreement under which the University would become part of a national university of health sciences should such an institution be established in the vicinity of the District of Columbia. “(h) The Board may establish postdoctoral, post graduate technological institutes. “(i) The Board shall also establish programs in continuing medical Continuing medical education programs. education for military members of the health professions to the end that, high standards of health care may be maintained within the military medical services. “§2114. Students: selection; status; obligation “(a) Students at the University shall be selected under procedures prescribed by the Secretary of Defense. In so prescribing, the Secretary shall consider the recommendations of the Board. However, selection procedures prescribed by the Secretary of Defense shall emphasize the basic requirement that students demonstrate sincere motivation and dedication to a career in the uniformed services (as defined in section 1072 (1) of this title). 72 Stat. 1446; 80 Stat. 1117. “(b) Students shall be commissioned officers of a uniform service as determined under regulations prescribed by the Secretary of Defense after consulting with the Secretary of Health, Education, and Welfare. Notwithstanding any other provision of law, they shall serve on active duty in pay grade O–1 with full pay and allowances of that 37 USC 203 note. grade, but shall not be counted against any prescribed military strengths. Upon graduation they shall be appointed in a regular component, if qualified, unless they are covered by section 2115 of this title. Students who graduate shall be required, except as provided in section 2115 of this title, to serve thereafter on active duty under such regulations as the Secretary of Defense or the Secretary of Health, Education, and Welfare, as appropriate, may prescribe for not less than seven years, unless sooner released. The service credit exclusions specified in section 2126 of this title shall apply to students covered by Post, p. 718. this section. “(c) A period of time spent in military intern or residency training shall not be creditable in satisfying an active duty obligation imposed by this section. “(d) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by this section. In no case shall any such member be required to serve on active duty for any period in excess of a period equal to the period he participated in the program, except that in no case may any such member be required to serve on active duty less than one year. “§2115. Graduates: limitation on number electing to perform civilian Federal duty “Not more than 20 percent of the graduates of any one class at the University may agree in writing to perform civilian Federal duty for not less than seven years following the completion of their professional education in lieu of active duty in a uniformed service. Such persons shall be released from active duty upon the completion of their professional education. The location and type of their duty shall be determined by the Secretary of Defense, after consultation with the heads of Federal agencies concerned. “§ 2116. Reports to Congress Report to congressional committees. “The Secretary of Defense shall report periodically to the Committees on Armed Services of the Senate and House or Representatives on the feasibility of establishing educational institutions similar or identical to the University at any other locations he deems appropriate. The last such report shall be submitted by June 30, 1976. “§ 2117. Authorization for appropriations “There is hereby authorized to be appropriated to the Department of Defense for the planning, construction, development, improvement, operation, and maintenance of the University, and to otherwise accomplish the purposes of this title, for the fiscal year beginning July 1, 1972, the sum of $15,000,000, and for each fiscal year thereafter such sum as may be authorized in the annual military construction authorization Act for such year. “Chapter 105.— ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP PROGRAM “Sec. “2120. Definitions. “2121. Establishment. “2122. Eligibility f or participation. “2123. Members of the program; active duty obligation; failure to complete training; release from program. “2124. Members of the program; numbers appointed, “2125. Members of the program; exclusion from authorized strengths. “2126. Members of the program; service credit. “2127. Contracts for scholarships; payments. “§ 2120. Definitions “In this chapter— “(1) ‘Program’ means the Armed Forces Health Professions Scholarship program provided for in this chapter. “(2) ‘Member of the program’ means a person appointed a commissioned officer in a reserve component of the armed forces who is enrolled in the Armed Forces Health Professions Scholarship program. “(3) ‘Course of study’ means education received at an accredited college, university, or institution in medicine, dentistry, or other health profession, leading, respectively, to a degree related to the health professions as determined under regulations prescribed by the Secretary of Defense. “§ 2121. Establishment “(a) For the purpose of obtaining adequate numbers of commissioned officers on active duty who are qualified in the various health professions, the Secretary of each military department, under regulations prescribed by the Secretary of Defense, may establish and maintain a health professions scholarship program for his department. “(b) The program shall consist of courses of study in designated health professions, with obligatory periods of military training. “(c) Persons participating in the program shall be commissioned Participants. officers in reserve components of the armed forces. Members of the program shall serve on active duty in pay grade O–1 with full pay and 37 USC 203 note. allowances of that grade for a period of 45 days during each year of participation in the program. They shall be detailed as students at accredited civilian institutions, located in the United States or Puerto Rico, for the purpose of acquiring knowledge or training in a designated health profession. In addition, members of the program shall, under regulations prescribed by the Secretary of Defense, receive military and professional training and instruction. “(d) Except when serving on active duty pursuant to subsection Compensation. (r), a member of the program shall be entitled to a stipend at the rate of $400 per month. “§2122. Eligibility for participation “To be eligible for participation as a member of the program, a person must, be a citizen of the United States and must— “(1) be accepted for admission to, or enrolled in, an institution in a course of study, as that term is defined in section 2120(3) of this title; Supra. “(2) sign an agreement that unless sooner separated he will— “(A) complete, the educational phase of the program; “(B) accept an appropriate reappointment or designation within his military service, if tendered, based upon his health profession, following satisfactory completion of the program; “(C) participate in the intern program of his service if selected for such participation; “(D) participate in the residency program of his service, if selected, or be released from active duty for the period required to undergo civilian residency if selected for such training; and “(E) because of his sincere motivation and dedication to a career in the uniformed services, participate in military training while he is in the program, under regulations prescribed by the Secretary of Defense; and “(3) meet the requirements for appointment as a commissioned officer. “§2123. Members of the program: active duty obligation; failure to complete training; release from program “(a) A member of the program incurs an active duty obligation. The amount of his obligation shall be determined under regulations prescribed by the Secretary of Defense, but those regulations may not provide for a period of obligation of less than one year for each year of participation in the program. “(b) A period of time spent in military intern or residency training shall not be creditable in satisfying an active duty obligation imposed by this section. “(c) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by this section, “(d) The Secretary of a military department, under regulations prescribed by the Secretary of Defense, may relieve a member of the program who is dropped from the program from any active duty obligation imposed by this section, but such relief shall not relieve him from any military obligation imposed by any other law. “(e) Any member of the program relieved of his active duty obligation under this chapter before the completion of such obligation may, under regulations prescribed by the Secretary of Defense, be assigned to an area of health manpower shortage designated by the Secretary of Health, Education, and Welfare for a period equal to the period of obligation from which he was relieved, “§2124. Members of the program: numbers appointed “The number of persons who may be designated as members of the program for training in each health profession shall be as presented Limitation. by the Secretary of Defense, except that the total number of persons so designated in all of the programs authorized by this chapter shall not, at any time, exceed 5,000. “§2125. Members of the program: exclusion from authorized strengths “Notwithstanding any other provision of law, members of the program shall not be counted against any prescribed military strengths. “§2126. Members of the program: service credit “Service performed while a member of the program shall not be counted— “(1) in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program; or “(2) in computing years of service creditable under section 205, 76 Stat. 458. other than subsection (a)(7) and (8), of title 37. “§ 2127. Contracts for scholarships: payments “(a) The Secretary of Defense may provide for the payment of all educational expenses incurred by a member of the program, including Limitation. tuition, fees, books, and laboratory expenses. Such payments, however, shall be limited to those educational expenses normally incurred by students at the institution and in the health profession concerned who are not members of the program. “(b) The Secretary of Defense may contract with an accredited civilian educational institution for the payment of tuition and other educational expenses of members of the program authorized by this chapter. Payment to such institutions may be made without regard to section 3648 of the Revised Statutes (31 T.S.C. 529). “(c) Payments made under subsection (b) shall not cover any expenses other than those covered by subsection (a). “(d) When the Secretary of Defense determines, under regulations Additional payments. prescribed by the Secretary of Health, Education, and Welfare, that an accredited civilian educational institution has increased its total enrollment for the sole purpose of accepting members of the program covered by this chapter, he may provide under a contract with such an institution for additional payments to cover the portion of the increased costs of the additional enrollment which are not covered by the institution’s normal tuition and fees.”

  2. Pub. L. 95–589 · 92 Stat. 2512

    Added · 10 U.S.C. § 2113(b)(3)

    Pub. L. 95–589 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 95–589 added par. (3).

  3. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 511(64) · 94 Stat. 2835

    Inserted · 10 U.S.C. § 2113(a); 10 U.S.C. § 2113(d)

    Pub. L. 96–513 inserted “in this chapter” after “hereinafter”

    Source evidence

    Code amendment note
    Subsecs. (a) and (d). Pub. L. 96–513 inserted “in this chapter” after “hereinafter”.

    Enacted provision · exact public law section
    (64) Sections 2112(a), 2113(a), and 2113(d) are amended by inserting “in this chapter” after “hereinafter”.

  4. Foundation for the Advancement of Military Medicine Act of 1983

    Pub. L. 98–36 § 3 · 97 Stat. 200

    Added · 10 U.S.C. § 2113(j)

    Pub. L. 98–36 added subsec. (j)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–36 added subsec. (j).

    Enacted provision · exact public law section
    Sec. 3. Section 2113 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: “(j) (1) The Board also is authorized— “(A) to enter into contracts with the Foundation for the Advancement of Military Medicine established under section 178 of this title, or with any other nonprofit entity, for the Ante, p. 200. purpose of carrying out cooperative enterprises in medical research, medical consultation, and medical education; “(B) subject to paragraph (2), to make available to the Foundation for the Advancement of Military Medicine, on such terms and conditions as the Board determines appropriate, such space, facilities, equipment, and support services within the University as the Board considers necessary to accomplish cooperative enterprises undertaken by such Foundation and the University; “(C) subject to paragraph (2), to enter into contracts with the Foundation for the Advancement of Military Medicine under which the Board may furnish the services of such professional, technical, or clerical personnel as may be necessary to fulfill cooperative enterprises undertaken by such Foundation and the University; “(D) to accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property made to the University, including any gift, devise, or bequest for the support of an academic chair, teaching, research, or demonstration project; “(E) subject to paragraph (2), to enter into agreements with the Foundation for the Advancement of Military Medicine, or with any other nonprofit entity, under which scientists or other personnel of the Foundation or other entity may be utilized by the University for the purpose of enhancing the activities of the University in education, research, and technological applications of knowledge; and “(F) to accept the voluntary services of guest scholars and other persons. “(2) The authority of the Board under clauses (B), (C), and (E) of paragraph (1) may be exercised only if— “(A) before the Board enters into any arrangement under which any space, facility, equipment, or support service is made available under clause (B) of such paragraph, before the Board enters into any contract under clause (C) of such paragraph, or before the Board enters into any agreement under clause (E) of such paragraph, it notifies the Committees on Armed Services of the Senate and the House of Representatives in writing of the Eroposed arrangement, contract, or agreement, as the case may e, the terms and conditions thereof, and, in the case of a proposed agreement under clause (E) of paragraph (1), any appointments proposed to be made under the authority of paragraph (4) in connection with the agreement, and “(B) a period of fifteen days has elapsed following the date on which the notice is received by such committees. “(3) The Board may not enter into any contract with the Foundation for the Advancement of Military Medicine, or with any other entity, if the contract would obligate the University to make outlays in advance of the enactment of budget authority for such outlays. “(4) Scientists or other medical peraonnel utilized by the University under an agreement described in clause (E) of paragraph (1) may be appointed to any position within the University and may be permitted to perform such duties within the University as the Board may approve. “(5) A person who provides voluntary services under the authority of clause (F) of paragraph (1) shall be considered to be an employee of the Federal Government for the purposes of chapter 81 of title 5, 5 USC 8101 et seq. relating to compensation for work-related injuries, and to be an employee of the Federal Government for the purposes of chapter 171 of title 28, relating to tort claims. Such a person who is not otherwise 28 USC 2671 et seq. employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of such services.”.

  5. Pub. L. 98–132 § 2(b) · 97 Stat. 849

    Inserted · 10 U.S.C. § 2113(j)

    Pub. L. 98–132 inserted “Henry M. Jackson” before “Foundation for the Advancement of Military Medicine” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 98–132 inserted “Henry M. Jackson” before “Foundation for the Advancement of Military Medicine” wherever appearing.

    Enacted provision · exact public law section
    (b) Section 2113(j) of title 10, United States Code, is amended by Ante, p. 201. inserting “Henry M. Jackson” before “Foundation for the Advancement of Military Medicine” each place it appears.

  6. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 div. A title V § 505 · 100 Stat. 3816

    1. Amended · 10 U.S.C. § 2113(f)

      Pub. L. 99–661 designated existing provisions as par. (1)

    2. Added · 10 U.S.C. § 2113(f)

      Pub. L. 99–661 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 99–661 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    SEC. 505. AUTHORITY TO EXEMPT PHYSICIANS AT UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES FROM REDUCTIONS IN RETIRED PAY Section 2113(0 of title 10, United States Code, is amended— (1) by inserting “(1)” after “(f)”; and (2) by adding at the end the following: “(2) The Board may exempt, at any time, a physician who is a member of the faculty from the restrictions in subsections (a), (b), and (c) of section 5532 of title 5, if the Board determines that such exemption is necessary to recruit or retain well-qualified physicians for the faculty of the University. An exemption granted under this paragraph shall terminate upon any break in employment with the University by a physician of three days or more. An exemption granted under this paragraph to a person shall apply to the retired pay of such person beginning with the first month after the month in which the exemption is granted. Not more than two exemptions may be in effect under this paragraph at any time.”.

  7. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 726(a) · 103 Stat. 1352

    Substituted · 10 U.S.C. § 2113(f)(2)

    Pub. L. 101–189, § 726(a), substituted “five exemptions” for “two exemptions”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 101–189, § 726(a), substituted “five exemptions” for “two exemptions”.

    Enacted provision · exact public law section
    (a) Increased Number of Exemptions From Dual-Pay Provision.— Subsection (f)(2) of section 2113 of title 10, United States Code, is amended by striking out “two exemptions” in the last sentence and inserting in lieu thereof “five exemptions”.

  8. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 726(b)(1) · 103 Stat. 1352

    1. Inserted · 10 U.S.C. § 2113(j)(1)(A)

      Pub. L. 101–189, § 726(b)(1), inserted “, accept grants from, and make grants to” after “contracts with”

    2. Substituted · 10 U.S.C. § 2113(j)(1)(A)

      Pub. L. 101–189, § 726(b)(1), substituted “or any other” for “or with any other”

    Source evidence

    Code amendment note
    Subsec. (j)(1)(A). Pub. L. 101–189, § 726(b)(1), inserted “, accept grants from, and make grants to” after “contracts with” and substituted “or any other” for “or with any other”.

    Enacted provision · exact public law section
    (1) Subsection (j)(1)(A) of such section is amended— (A) by inserting “, accept grants from, and make grants to” after “contracts with”; and (B) by striking out “or with” and inserting in lieu thereof “or”.

  9. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 § 1322(a)(3)(A) · 104 Stat. 1485

    Struck · 10 U.S.C. § 2113(j)(1)

    Pub. L. 101–510, § 1322(a)(3)(A), struck out “subject to paragraph (2),” before “to make” in subpar. (B) and before “to enter” in subpars. (C) and (E)

    Source evidence

    Code amendment note
    Subsec. (j)(1). Pub. L. 101–510, § 1322(a)(3)(A), struck out “subject to paragraph (2),” before “to make” in subpar. (B) and before “to enter” in subpars. (C) and (E).

    Enacted provision · exact public law section
    (A) by striking out “subject to paragraph (2),” in subparagraphs (B), (O, and (E) of paragraph (1);

  10. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 § 1322(a)(3)(B) · 104 Stat. 1485

    1. Redesignated · 10 U.S.C. § 2113(j)(2)(5)

      Pub. L. 101–510, § 1322(a)(3)(B), (C), redesignated pars. (3) to (5) as (2) to (4), respectively

    2. Struck · 10 U.S.C. § 2113(j)(2)(5)

      Pub. L. 101–510, § 1322(a)(3)(B), (C), struck out former par. (2) which read as follows: “The authority of the Board under clauses (B), (C), and (E) of paragraph (1) may be exercised only if—

    Source evidence

    Code amendment note
    Subsec. (j)(2) to (5). Pub. L. 101–510, § 1322(a)(3)(B), (C), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “The authority of the Board under clauses (B), (C), and (E) of paragraph (1) may be exercised only if—

    “(A) before the Board enters into any arrangement under which any space, facility, equipment, or support service is made available under clause (B) of such paragraph, before the Board enters into any contract under clause (C) of such paragraph, or before the Board enters into any agreement under clause (E) of such paragraph, it notifies the Committees on Armed Services of the Senate and the House of Representatives in writing of the proposed arrangement, contract, or agreement, as the case may be, the terms and conditions thereof, and, in the case of a proposed agreement under clause (E) of paragraph (1), any appointments proposed to be made under the authority of paragraph (4) in connection with the agreement, and “(B) a period of fifteen days has elapsed following the date on which the notice is received by such committees.”

    Enacted provision · exact public law section
    (B) by striking out paragraph (2); and

  11. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1072(c)(1) · 110 Stat. 186

    Substituted · 10 U.S.C. § 2113

    Pub. L. 104–106, § 1072(c)(1), substituted “Administration of University” for “Board of Regents” as section catchline

    Source evidence

    Code amendment note
    Pub. L. 104–106, § 1072(c)(1), substituted “Administration of University” for “Board of Regents” as section catchline.

    Enacted provision · exact public law section
    (1) The heading of section 2113 of such title is amended to read as follows: “§2113. Administration of University”.

  12. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1072(b)(2)(A) · 110 Stat. 186

    1. Substituted · 10 U.S.C. § 2113(a)

      Pub. L. 104–106, § 1072(b)(2)(A), substituted “conducted by the Secretary of Defense” for “conducted by a Board of Regents (hereinafter in this chapter referred to as the ‘Board’)”

    2. Inserted · 10 U.S.C. § 2113(a)

      Pub. L. 104–106, § 1072(b)(2)(A), inserted after first sentence “To assist the Secretary in an advisory capacity, there is a Board of Regents for the University.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–106, § 1072(b)(2)(A), substituted “conducted by the Secretary of Defense” for “conducted by a Board of Regents (hereinafter in this chapter referred to as the ‘Board’)” and inserted after first sentence “To assist the Secretary in an advisory capacity, there is a Board of Regents for the University.”

    Enacted provision · exact public law section
    (A) in subsection (a)— (i) by striking out “a Board of Regents (hereinafter in this chapter referred to as the ‘Board’)” in the first sentence and inserting in lieu thereof “the Secretary of Defense”; and (ii) by inserting after the first sentence the following new sentence: “To assist the Secretary in an advisory capacity, there is a Board of Regents for the University.”;

  13. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1072(b)(2)(B) · 110 Stat. 186

    Substituted · 10 U.S.C. § 2113(d)

    Pub. L. 104–106, § 1072(b)(2)(B), substituted “The Secretary shall appoint” for “The Board shall appoint”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–106, § 1072(b)(2)(B), substituted “The Secretary shall appoint” for “The Board shall appoint”.

    Enacted provision · exact public law section
    (B) in subsection (d), by striking out “Board” the first place it appears and inserting in lieu thereof “Secretary”;

  14. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1072(b)(2)(C) · 110 Stat. 186

    Struck · 10 U.S.C. § 2113(e)

    Pub. L. 104–106, § 1072(b)(2)(C), struck out “of Defense” after “Secretary”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–106, § 1072(b)(2)(C), struck out “of Defense” after “Secretary”.

    Enacted provision · exact public law section
    (C) in subsection (e), by striking out “of Defense”;

  15. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1072(b)(2)(D) · 110 Stat. 186

    1. Substituted · 10 U.S.C. § 2113(f)

      Pub. L. 104–106, § 1072(b)(2)(D), (F), in par. (1), substituted “Secretary, after” for “Board, after” in two places, and in par. (2)

    2. Substituted · 10 U.S.C. § 2113(f)

      Pub. L. 104–106, § 1072(b)(2)(D), (F), in par. (1), substituted “Secretary so” for “Secretary of Defense so” in two places, and in par. (2)

    3. Substituted · 10 U.S.C. § 2113(f)

      Pub. L. 104–106, § 1072(b)(2)(D), (F), in par. (1), substituted “Secretary may” for “Board may” in two places, and in par. (2)

    4. Substituted · 10 U.S.C. § 2113(f)

      Pub. L. 104–106, § 1072(b)(2)(D), (F), in par. (1), substituted “Secretary” for “Board” in two places

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–106, § 1072(b)(2)(D), (F), in par. (1), substituted “Secretary, after” for “Board, after”, “Secretary so” for “Secretary of Defense so”, and “Secretary may” for “Board may” in two places, and in par. (2), substituted “Secretary” for “Board” in two places.

    Enacted provision · exact public law section
    (D) in subsection (f)(1), by striking out “of Defense”;

  16. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1072(b)(2)(E) · 110 Stat. 186

    1. Substituted · 10 U.S.C. § 2113(g)

      Pub. L. 104–106, § 1072(b)(2)(E), substituted “Secretary may negotiate agreements” for “Board is authorized to negotiate agreements”

    2. Substituted · 10 U.S.C. § 2113(g)

      Pub. L. 104–106, § 1072(b)(2)(E), substituted “Secretary may negotiate affiliation” for “Board is also authorized to negotiate affiliation”

    3. Substituted · 10 U.S.C. § 2113(g)

      Pub. L. 104–106, § 1072(b)(2)(E), substituted “Secretary may enter” for “Board may also, subject to the approval of the Secretary of Defense, enter”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–106, § 1072(b)(2)(E), substituted “Secretary may negotiate agreements” for “Board is authorized to negotiate agreements”, “Secretary may negotiate affiliation” for “Board is also authorized to negotiate affiliation”, and “Secretary may enter” for “Board may also, subject to the approval of the Secretary of Defense, enter”.

    Enacted provision · exact public law section
    (E) in subsection (g)— (i) by striking out “Board is authorized to” in the first sentence and inserting in lieu thereof “Secretary may”; (ii) by striking out “Board is also authorized to” in the third sentence and inserting in lieu thereof “Secretary may”; and (iii) by striking out “Board may also, subject to the approval of the Secretary of Defense,” in the fifth sentence and inserting in lieu thereof “Secretary may”; and

  17. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1072(a) · 110 Stat. 186

    Amended · 10 U.S.C. § 2113(h)

    Pub. L. 104–106, § 1072(a), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “The Board may establish postdoctoral, postgraduate, and technological institutes.”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 104–106, § 1072(a), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “The Board may establish postdoctoral, postgraduate, and technological institutes.”

    Enacted provision · exact public law section
    (a) Additional Schools and Programs.— Subsection (h) of section 2113 of title 10, United States Code, is amended to read as follows: “(h) The Secretary of Defense may establish the following educational programs at the University: “(1) Postdoctoral, postgraduate, and technological institutes. “(2) A graduate school of nursing. “(3) Other schools or programs that the Secretary determines necessary in order to operate the University in a cost-effective manner.”.

  18. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1072(b)(2)(F) · 110 Stat. 186

    Substituted · 10 U.S.C. § 2113(i); 10 U.S.C. § 2113(j)

    Pub. L. 104–106, § 1072(b)(2)(F), substituted “Secretary” for “Board” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (i), (j). Pub. L. 104–106, § 1072(b)(2)(F), substituted “Secretary” for “Board” wherever appearing.

    Enacted provision · exact public law section
    (F) by striking out “Board” each place it appears in subsections (f), (i), and (j) and inserting in lieu thereof “Secretary”. (3) Section 2114(e)(1) of such title is amended by striking out “Board, upon approval of the Secretary of Defense,” and inserting in lieu thereof “Secretary of Defense”.

  19. Pub. L. 106–65 div. A title XI § 1108 · 113 Stat. 512

    Added · 10 U.S.C. § 2113(f)(3)

    Pub. L. 106–65 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 106–65 added par. (3).

    Enacted provision · exact public law section
    SEC. 1108. SALARY SCHEDULES AND RELATED BENEFITS FOR FACULTY AND STAFF OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. Section 2113(f) of title 10, United States Code, is amended by adding at the end the following: “(3) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under paragraph (1) to prescribe salary schedules and other related benefits.”.

  20. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    1. Amended · 10 U.S.C. § 2113(f)

      Pub. L. 106–398 designated penultimate sentence and last sentence of par. (1) as pars. (2) and (3), respectively

    2. Redesignated · 10 U.S.C. § 2113(f)

      Pub. L. 106–398 redesignated former par. (3) as (4)

    3. Struck · 10 U.S.C. § 2113(f)

      Pub. L. 106–398 struck out former par. (2) which read as follows: “The Secretary may exempt, at any time, a physician who is a member of the faculty from the restrictions in subsections (a), (b), and (c) of section 5532 of title 5, if the Secretary determines that such exemption is necessary to recruit or retain well-qualified physicians for the faculty of the University. An exemption granted under this paragraph shall terminate upon any break in employment with the University by a physician of three days or more. An exemption granted under this paragraph to a person shall apply to the retired pay of such person beginning with the first month after the month in which the exemption is granted. Not more than five exemptions may be in effect under this paragraph at any time.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–398 designated penultimate sentence and last sentence of par. (1) as pars. (2) and (3), respectively, redesignated former par. (3) as (4), and struck out former par. (2) which read as follows: “The Secretary may exempt, at any time, a physician who is a member of the faculty from the restrictions in subsections (a), (b), and (c) of section 5532 of title 5, if the Secretary determines that such exemption is necessary to recruit or retain well-qualified physicians for the faculty of the University. An exemption granted under this paragraph shall terminate upon any break in employment with the University by a physician of three days or more. An exemption granted under this paragraph to a person shall apply to the retired pay of such person beginning with the first month after the month in which the exemption is granted. Not more than five exemptions may be in effect under this paragraph at any time.”

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  21. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 954(a)(3)(A)(i) · 122 Stat. 3

    Struck · 10 U.S.C. § 2113(a)

    Pub. L. 110–181, § 954(a)(3)(A)(i), struck out after first sentence “To assist the Secretary in an advisory capacity, there is a Board of Regents for the University. The Board shall consist of—

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–181, § 954(a)(3)(A)(i), struck out after first sentence “To assist the Secretary in an advisory capacity, there is a Board of Regents for the University. The Board shall consist of—

    “(1) nine persons outstanding in the fields of health and health education who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate; “(2) the Secretary of Defense, or his designee, who shall be an ex officio member; “(3) the surgeons general of the uniformed services, who shall be ex officio members; and “(4) the person referred to in subsection (d).”

    Enacted provision · exact public law section
    (i) in subsection (a), by striking “To assist” and all that follows through the end of paragraph (4);

  22. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 954(b)(1) · 122 Stat. 3

    Substituted · 10 U.S.C. § 2113(b)

    Pub. L. 110–181, § 954(b)(1), substituted “President” for “Dean” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–181, § 954(b)(1), substituted “President” for “Dean” in two places.

    Enacted provision · exact public law section
    (1) Subsection 2113 of such title is further amended by striking “Dean” each place it appears in subsections (b) and (c)(1), as redesignated by subsection (a)(3), and inserting “President”.

  23. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 954(a)(3)(A)(iv) · 122 Stat. 3

    Struck · 10 U.S.C. § 2113(b)

    Pub. L. 110–181, § 954(a)(3)(A)(iv), struck out “who shall also serve as a nonvoting ex officio member of the Board” before period at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–181, § 954(a)(3)(A)(iv), struck out “who shall also serve as a nonvoting ex officio member of the Board” before period at end.

    Enacted provision · exact public law section
    (iv) in subsection (b), as so redesignated, by striking “who shall also serve as a nonvoting ex officio member of the Board”.

  24. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 954(a)(3)(A)(ii) · 122 Stat. 3

    1. Redesignated · 10 U.S.C. § 2113(b)

      Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), redesignated subsec. (d) as (b)

    2. Struck · 10 U.S.C. § 2113(b)

      Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), struck out former subsec. (b) which read as follows: “The term of office of each member of the Board (other than ex officio members) shall be six years except that—

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), redesignated subsec. (d) as (b) and struck out former subsec. (b) which read as follows: “The term of office of each member of the Board (other than ex officio members) shall be six years except that—

    “(1) any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; “(2) the terms of office of the members first taking office shall expire, as designated by the President at the time of the appointment, three at the end of two years, three at the end of four years, and three at the end of six years; and “(3) any member whose term of office has expired shall continue to serve until his successor is appointed.”

    Enacted provision · exact public law section
    (ii) by striking subsections (b), (c), and (e);

  25. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 954(a)(3)(A)(ii) · 122 Stat. 3

    1. Redesignated · 10 U.S.C. § 2113(c)

      Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), redesignated subsec. (f) as (c)

    2. Struck · 10 U.S.C. § 2113(c)

      Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), struck out former subsec. (c) which read as follows: “One of the members of the Board (other than an ex officio member) shall be designated by the President as Chairman. He shall be the presiding officer of the Board.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), redesignated subsec. (f) as (c) and struck out former subsec. (c) which read as follows: “One of the members of the Board (other than an ex officio member) shall be designated by the President as Chairman. He shall be the presiding officer of the Board.”

    Enacted provision · exact public law section
    (ii) by striking subsections (b), (c), and (e);

  26. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 1116(1) · 122 Stat. 3

    1. Inserted · 10 U.S.C. § 2113(c)(1)

      Pub. L. 110–181, § 1116(1), inserted “(after due consideration by the Secretary)” before “so as”

    2. Substituted · 10 U.S.C. § 2113(c)(1)

      Pub. L. 110–181, § 1116(1), substituted “identified by the Secretary for purposes of this paragraph” for “within the vicinity of the District of Columbia”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 110–181, § 1116(1), inserted “(after due consideration by the Secretary)” before “so as” and substituted “identified by the Secretary for purposes of this paragraph” for “within the vicinity of the District of Columbia”.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by inserting “(after due consideration by the Secretary)” before “so as”; and (B) by striking “within the vicinity of the District of Columbia” and inserting “identified by the Secretary for purposes of this paragraph”; and

  27. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 954(b)(1) · 122 Stat. 3

    Substituted · 10 U.S.C. § 2113(c)(1)

    Pub. L. 110–181, § 954(b)(1), substituted “President” for “Dean”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–181, § 954(b)(1), substituted “President” for “Dean”.

    Enacted provision · exact public law section
    (1) Subsection 2113 of such title is further amended by striking “Dean” each place it appears in subsections (b) and (c)(1), as redesignated by subsection (a)(3), and inserting “President”.

  28. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 1116(2) · 122 Stat. 3

    1. Substituted · 10 U.S.C. § 2113(c)(4)

      Pub. L. 110–181, § 1116(2), substituted “sections 5307 and 5373” for “section 5373”

    2. Inserted · 10 U.S.C. § 2113(c)(4)

      Pub. L. 110–181, § 1116(2), inserted at end “In no event may the total amount of compensation paid to an employee under paragraph (1) in any year (including salary, allowances, differentials, bonuses, awards, and other similar cash payments) exceed the total amount of annual compensation (excluding expenses) specified in section 102 of title 3.”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 110–181, § 1116(2), substituted “sections 5307 and 5373” for “section 5373” and inserted at end “In no event may the total amount of compensation paid to an employee under paragraph (1) in any year (including salary, allowances, differentials, bonuses, awards, and other similar cash payments) exceed the total amount of annual compensation (excluding expenses) specified in section 102 of title 3.”

    Enacted provision · exact public law section
    (2) in paragraph (4)— (A) by striking “section 5373” and inserting “sections 5307 and 5373”; and (B) by adding at the end the following new sentence: “In no event may the total amount of compensation paid to an employee under paragraph (1) in any year (including salary, allowances, differentials, bonuses, awards, and other similar cash payments) exceed the total amount of annual compensation (excluding expenses) specified in section 102 of title 3.”.

  29. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 954(a)(3)(A)(ii) · 122 Stat. 3

    1. Redesignated · 10 U.S.C. § 2113(d)(j)

      Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), redesignated subsecs. (d), (f), (g), (h), (i), and (j) as (b), (c), (d), (e), (f), and (g), respectively

    2. Struck · 10 U.S.C. § 2113(d)(j)

      Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), struck out former subsec. (e) which read as follows: “Members of the Board (other than ex officio members) while attending conferences or meetings or while otherwise performing their duties as members shall be entitled to receive compensation at a rate to be fixed by the Secretary, but not exceeding $100 per diem and shall also be entitled to receive an allowance for necessary travel expenses while so serving away from their place of residence.”

    Source evidence

    Code amendment note
    Subsecs. (d) to (j). Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), redesignated subsecs. (d), (f), (g), (h), (i), and (j) as (b), (c), (d), (e), (f), and (g), respectively, and struck out former subsec. (e) which read as follows: “Members of the Board (other than ex officio members) while attending conferences or meetings or while otherwise performing their duties as members shall be entitled to receive compensation at a rate to be fixed by the Secretary, but not exceeding $100 per diem and shall also be entitled to receive an allowance for necessary travel expenses while so serving away from their place of residence.”

    Enacted provision · exact public law section
    (ii) by striking subsections (b), (c), and (e);

  30. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 711(1) · 127 Stat. 672

    Inserted · 10 U.S.C. § 2113(g)(1)(B)

    Pub. L. 113–66, § 711(1), inserted “, or any other nonprofit entity” after “Military Medicine” and “, or nonprofit entity,” after “such Foundation”

    Source evidence

    Code amendment note
    Subsec. (g)(1)(B). Pub. L. 113–66, § 711(1), inserted “, or any other nonprofit entity” after “Military Medicine” and “, or nonprofit entity,” after “such Foundation”.

    Enacted provision · exact public law section
    (1) in subparagraph (B)— (A) by inserting “, or any other nonprofit entity” after “Military Medicine”; and (B) by inserting “, or nonprofit entity,” after “such Foundation”; and

  31. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 711(2) · 127 Stat. 672

    Inserted · 10 U.S.C. § 2113(g)(1)(C)

    Pub. L. 113–66, § 711(2), inserted “, or any other nonprofit entity,” after “Military Medicine” and “, or nonprofit entity,” after “such foundation”

    Source evidence

    Code amendment note
    Subsec. (g)(1)(C). Pub. L. 113–66, § 711(2), inserted “, or any other nonprofit entity,” after “Military Medicine” and “, or nonprofit entity,” after “such foundation”.

    Enacted provision · exact public law section
    (2) in subparagraph (C)— (A) by inserting “, or any other nonprofit entity,” after “Military Medicine”; and (B) by inserting “, or nonprofit entity,” after “such foundation”.

  32. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 724(b)(1) · 130 Stat. 2000

    Struck · 10 U.S.C. § 2113(d)

    Pub. L. 114–328, § 724(b)(1), struck out “located in or near the District of Columbia” after “Federal medical resources”, “in or near the District of Columbia” after “university or universities”, and “The Secretary may enter into an agreement under which the University would become part of a national university of health sciences should such an institution be established in the vicinity of the District of Columbia.” after “educational programs.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–328, § 724(b)(1), struck out “located in or near the District of Columbia” after “Federal medical resources”, “in or near the District of Columbia” after “university or universities”, and “The Secretary may enter into an agreement under which the University would become part of a national university of health sciences should such an institution be established in the vicinity of the District of Columbia.” after “educational programs.”

    Enacted provision · exact public law section
    (1) in subsection (d)— (A) in the first sentence, by striking “located in or near the District of Columbia”; (B) in the third sentence, by striking “in or near the District of Columbia”; and (C) by striking the fifth sentence; and

  33. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 724(b)(2) · 130 Stat. 2000

    Inserted · 10 U.S.C. § 2113(e)(3)

    Pub. L. 114–328, § 724(b)(2), inserted “, including certificate, certification, and undergraduate degree programs,” after “or programs”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 114–328, § 724(b)(2), inserted “, including certificate, certification, and undergraduate degree programs,” after “or programs”.

    Enacted provision · exact public law section
    (2) in subsection (e)(3), by inserting after “programs” the following: “, including certificate, certification, and undergraduate degree programs,”.

  34. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388

    Redesignated · 10 U.S.C. § 2113(g)(1)(G)

    Pub. L. 116–283, § 1883(b)(2), substituted “4141, and 4024 of this title” for “2361, and 2374 of this title”. Amendment directing that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2304”, which was redesignated as multiple sections

    Source evidence

    Code amendment note
    Subsec. (g)(1)(G). Pub. L. 116–283, § 1883(b)(2), substituted “4141, and 4024 of this title” for “2361, and 2374 of this title”. Amendment directing that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2304”, which was redesignated as multiple sections.

    Enacted provision · exact public law section
    * * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.

    Effective date note
    Amendment by section 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

  35. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 714(a) · 134 Stat. 3388

    Added · 10 U.S.C. § 2113(g)(1)(G)

    Pub. L. 116–283, § 714(a), added subpar. (G)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 714(a), added subpar. (G).

    Enacted provision · exact public law section
    (a) Contract Authority.— Section 2113(g)(1) of title 10, United States Code, is amended— (1) in subparagraph (E), by striking “and” at the end; (2) in subparagraph (F), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(G) notwithstanding Grants. Determination. sections 2304, 2361, and 2374 of this title, to enter into contracts and cooperative agreements with, accept grants from, and make grants to, nonprofit entities (on a sole-source basis) for the purpose specified in subparagraph (A) or for any other purpose the Secretary determines to be consistent with the mission of the University.” .

    Effective date note
    Amendment by section 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

50 of 51 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 2304 of this title, referred to in subsec. (g)(1)(G), was repealed by Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1881(a), , 134 Stat. 4151, 4293, effective , with additional provisions for delayed implementation and applicability of existing law. Subsecs. (a) to (l) of section 2304 were transferred to various provisions in chapter 221 of this title, with the same effective date and conditions, by Pub. L. 116–283, div. A, title XVIII, § 1811(c)(2)–(5), (d)(2)–(9), , 134 Stat. 4165–4170.

Amendments1978–2021 · 13 rounds

2021

Subsec. (g)(1)(G). Pub. L. 116–283, § 1883(b)(2), substituted “4141, and 4024 of this title” for “2361, and 2374 of this title”. Amendment directing that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2304”, which was redesignated as multiple sections.

Pub. L. 116–283, § 714(a), added subpar. (G).

2016

Subsec. (d). Pub. L. 114–328, § 724(b)(1), struck out “located in or near the District of Columbia” after “Federal medical resources”, “in or near the District of Columbia” after “university or universities”, and “The Secretary may enter into an agreement under which the University would become part of a national university of health sciences should such an institution be established in the vicinity of the District of Columbia.” after “educational programs.”

Subsec. (e)(3). Pub. L. 114–328, § 724(b)(2), inserted “, including certificate, certification, and undergraduate degree programs,” after “or programs”.

2013

Subsec. (g)(1)(B). Pub. L. 113–66, § 711(1), inserted “, or any other nonprofit entity” after “Military Medicine” and “, or nonprofit entity,” after “such Foundation”.

Subsec. (g)(1)(C). Pub. L. 113–66, § 711(2), inserted “, or any other nonprofit entity,” after “Military Medicine” and “, or nonprofit entity,” after “such foundation”.

2008

Subsec. (a). Pub. L. 110–181, § 954(a)(3)(A)(i), struck out after first sentence “To assist the Secretary in an advisory capacity, there is a Board of Regents for the University. The Board shall consist of—

“(1) nine persons outstanding in the fields of health and health education who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate;

“(2) the Secretary of Defense, or his designee, who shall be an ex officio member;

“(3) the surgeons general of the uniformed services, who shall be ex officio members; and

“(4) the person referred to in subsection (d).”

Subsec. (b). Pub. L. 110–181, § 954(b)(1), substituted “President” for “Dean” in two places.

Pub. L. 110–181, § 954(a)(3)(A)(iv), struck out “who shall also serve as a nonvoting ex officio member of the Board” before period at end.

Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), redesignated subsec. (d) as (b) and struck out former subsec. (b) which read as follows: “The term of office of each member of the Board (other than ex officio members) shall be six years except that—

“(1) any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term;

“(2) the terms of office of the members first taking office shall expire, as designated by the President at the time of the appointment, three at the end of two years, three at the end of four years, and three at the end of six years; and

“(3) any member whose term of office has expired shall continue to serve until his successor is appointed.”

Subsec. (c). Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), redesignated subsec. (f) as (c) and struck out former subsec. (c) which read as follows: “One of the members of the Board (other than an ex officio member) shall be designated by the President as Chairman. He shall be the presiding officer of the Board.”

Subsec. (c)(1). Pub. L. 110–181, § 1116(1), inserted “(after due consideration by the Secretary)” before “so as” and substituted “identified by the Secretary for purposes of this paragraph” for “within the vicinity of the District of Columbia”.

Pub. L. 110–181, § 954(b)(1), substituted “President” for “Dean”.

Subsec. (c)(4). Pub. L. 110–181, § 1116(2), substituted “sections 5307 and 5373” for “section 5373” and inserted at end “In no event may the total amount of compensation paid to an employee under paragraph (1) in any year (including salary, allowances, differentials, bonuses, awards, and other similar cash payments) exceed the total amount of annual compensation (excluding expenses) specified in section 102 of title 3.”

Subsecs. (d) to (j). Pub. L. 110–181, § 954(a)(3)(A)(ii), (iii), redesignated subsecs. (d), (f), (g), (h), (i), and (j) as (b), (c), (d), (e), (f), and (g), respectively, and struck out former subsec. (e) which read as follows: “Members of the Board (other than ex officio members) while attending conferences or meetings or while otherwise performing their duties as members shall be entitled to receive compensation at a rate to be fixed by the Secretary, but not exceeding $100 per diem and shall also be entitled to receive an allowance for necessary travel expenses while so serving away from their place of residence.”

2000

Subsec. (f). Pub. L. 106–398 designated penultimate sentence and last sentence of par. (1) as pars. (2) and (3), respectively, redesignated former par. (3) as (4), and struck out former par. (2) which read as follows: “The Secretary may exempt, at any time, a physician who is a member of the faculty from the restrictions in subsections (a), (b), and (c) of section 5532 of title 5, if the Secretary determines that such exemption is necessary to recruit or retain well-qualified physicians for the faculty of the University. An exemption granted under this paragraph shall terminate upon any break in employment with the University by a physician of three days or more. An exemption granted under this paragraph to a person shall apply to the retired pay of such person beginning with the first month after the month in which the exemption is granted. Not more than five exemptions may be in effect under this paragraph at any time.”

1999

Subsec. (f)(3). Pub. L. 106–65 added par. (3).

1996

Pub. L. 104–106, § 1072(c)(1), substituted “Administration of University” for “Board of Regents” as section catchline.

Subsec. (a). Pub. L. 104–106, § 1072(b)(2)(A), substituted “conducted by the Secretary of Defense” for “conducted by a Board of Regents (hereinafter in this chapter referred to as the ‘Board’)” and inserted after first sentence “To assist the Secretary in an advisory capacity, there is a Board of Regents for the University.”

Subsec. (d). Pub. L. 104–106, § 1072(b)(2)(B), substituted “The Secretary shall appoint” for “The Board shall appoint”.

Subsec. (e). Pub. L. 104–106, § 1072(b)(2)(C), struck out “of Defense” after “Secretary”.

Subsec. (f). Pub. L. 104–106, § 1072(b)(2)(D), (F), in par. (1), substituted “Secretary, after” for “Board, after”, “Secretary so” for “Secretary of Defense so”, and “Secretary may” for “Board may” in two places, and in par. (2), substituted “Secretary” for “Board” in two places.

Subsec. (g). Pub. L. 104–106, § 1072(b)(2)(E), substituted “Secretary may negotiate agreements” for “Board is authorized to negotiate agreements”, “Secretary may negotiate affiliation” for “Board is also authorized to negotiate affiliation”, and “Secretary may enter” for “Board may also, subject to the approval of the Secretary of Defense, enter”.

Subsec. (h). Pub. L. 104–106, § 1072(a), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “The Board may establish postdoctoral, postgraduate, and technological institutes.”

Subsecs. (i), (j). Pub. L. 104–106, § 1072(b)(2)(F), substituted “Secretary” for “Board” wherever appearing.

1990

Subsec. (j)(1). Pub. L. 101–510, § 1322(a)(3)(A), struck out “subject to paragraph (2),” before “to make” in subpar. (B) and before “to enter” in subpars. (C) and (E).

Subsec. (j)(2) to (5). Pub. L. 101–510, § 1322(a)(3)(B), (C), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “The authority of the Board under clauses (B), (C), and (E) of paragraph (1) may be exercised only if—

“(A) before the Board enters into any arrangement under which any space, facility, equipment, or support service is made available under clause (B) of such paragraph, before the Board enters into any contract under clause (C) of such paragraph, or before the Board enters into any agreement under clause (E) of such paragraph, it notifies the Committees on Armed Services of the Senate and the House of Representatives in writing of the proposed arrangement, contract, or agreement, as the case may be, the terms and conditions thereof, and, in the case of a proposed agreement under clause (E) of paragraph (1), any appointments proposed to be made under the authority of paragraph (4) in connection with the agreement, and

“(B) a period of fifteen days has elapsed following the date on which the notice is received by such committees.”

1989

Subsec. (f)(2). Pub. L. 101–189, § 726(a), substituted “five exemptions” for “two exemptions”.

Subsec. (j)(1)(A). Pub. L. 101–189, § 726(b)(1), inserted “, accept grants from, and make grants to” after “contracts with” and substituted “or any other” for “or with any other”.

1986

Subsec. (f). Pub. L. 99–661 designated existing provisions as par. (1) and added par. (2).

1983

Subsec. (j). Pub. L. 98–132 inserted “Henry M. Jackson” before “Foundation for the Advancement of Military Medicine” wherever appearing.

Pub. L. 98–36 added subsec. (j).

1980

Subsecs. (a) and (d). Pub. L. 96–513 inserted “in this chapter” after “hereinafter”.

1978

Subsec. (b)(3). Pub. L. 95–589 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 1883(b)(2) of Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Rule of Construction

Pub. L. 116–283, div. A, title VII, § 714(b), , 134 Stat. 3694, provided that: “Nothing in section 2113(g) of title 10, United States Code, as amended by subsection (a), shall be construed to limit the ability of the Secretary of Defense, in carrying out such section, to use competitive procedures to award contracts, cooperative agreements, or grants.”

Transfer of Functions

Pub. L. 101–511, title VIII, § 8091, , 104 Stat. 1896, provided that: “Notwithstanding any other provision of law, all authority of the Board of Regents of the Uniformed Services University of the Health Sciences is hereby transferred to the Secretary of Defense, and the Board hereafter shall be an advisory board to the Secretary of Defense.”

Certification Program in Provision of Mental Health Services to Members of the Armed Forces and Military Families

Pub. L. 117–263, div. A, title VII, § 738, , 136 Stat. 2675, provided that:

“(a)

In General.—

The Secretary of Defense, in consultation with the President of the Uniformed Services University of the Health Sciences, shall develop a curriculum and certification program to provide civilian mental health professionals and students in mental health-related disciplines with the specialized knowledge and skills necessary to address the unique mental health needs of members of the Armed Forces and military families.

“(b)

Implementation.—

Not later than 90 days after completing the development of the curriculum and certification program under subsection (a), the Secretary of Defense shall implement such curriculum and certification program in the Uniformed Services University of the Health Sciences.

“(c)

Authority to Disseminate Best Practices.—

The Secretary of Defense may disseminate best practices based on the curriculum and certification program developed and implemented under this section to other institutions of higher education, as such term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

“(d)

Termination.—

The authority to carry out the curriculum and certification program under this section shall terminate on the date that is five years after the date of the enactment of this Act [].

“(e)

Briefing.—

Not later than 180 days after the termination date specified in subsection (d), the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the results of the curriculum and certification program developed and implemented under this section.”

Credits

1972–2021 · 15 acts
  1. 1972Added Pub. L. 92–426, § 2(a), , 86 Stat. 714
  2. 1978amended Pub. L. 95–589, , 92 Stat. 2512
  3. 1980Pub. L. 96–513, title V, § 511(64), , 94 Stat. 2926
  4. 1983Pub. L. 98–36, § 3, , 97 Stat. 201
  5. 1983Pub. L. 98–132, § 2(b), , 97 Stat. 849
  6. 1986Pub. L. 99–661, div. A, title V, § 505, , 100 Stat. 3864
  7. 1989Pub. L. 101–189, div. A, title VII, § 726(a), (b)(1), , 103 Stat. 1480
  8. 1990Pub. L. 101–510, div. A, title XIII, § 1322(a)(3), , 104 Stat. 1671
  9. 1996Pub. L. 104–106, div. A, title X, § 1072(a), (b)(2), (c)(1), , 110 Stat. 446
  10. 1999Pub. L. 106–65, div. A, title XI, § 1108, , 113 Stat. 778
  11. 2000Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(12)], , 114 Stat. 1654, 1654A–291
  12. 2008Pub. L. 110–181, div. A, title IX, § 954(a)(3)(A), (b)(1), title XI, § 1116, , 122 Stat. 294, 361
  13. 2013Pub. L. 113–66, div. A, title VII, § 711, , 127 Stat. 793
  14. 2016Pub. L. 114–328, div. A, title VII, § 724(b), , 130 Stat. 2230
  15. 2021Pub. L. 116–283, div. A, title VII, § 714(a), title XVIII, § 1883(b)(2), , 134 Stat. 3694, 4294.
Show as published

(Added Pub. L. 92–426, § 2(a), , 86 Stat. 714; amended Pub. L. 95–589, , 92 Stat. 2512; Pub. L. 96–513, title V, § 511(64), , 94 Stat. 2926; Pub. L. 98–36, § 3, , 97 Stat. 201; Pub. L. 98–132, § 2(b), , 97 Stat. 849; Pub. L. 99–661, div. A, title V, § 505, , 100 Stat. 3864; Pub. L. 101–189, div. A, title VII, § 726(a), (b)(1), , 103 Stat. 1480; Pub. L. 101–510, div. A, title XIII, § 1322(a)(3), , 104 Stat. 1671; Pub. L. 104–106, div. A, title X, § 1072(a), (b)(2), (c)(1), , 110 Stat. 446; Pub. L. 106–65, div. A, title XI, § 1108, , 113 Stat. 778; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(12)], , 114 Stat. 1654, 1654A–291; Pub. L. 110–181, div. A, title IX, § 954(a)(3)(A), (b)(1), title XI, § 1116, , 122 Stat. 294, 361; Pub. L. 113–66, div. A, title VII, § 711, , 127 Stat. 793; Pub. L. 114–328, div. A, title VII, § 724(b), , 130 Stat. 2230; Pub. L. 116–283, div. A, title VII, § 714(a), title XVIII, § 1883(b)(2), , 134 Stat. 3694, 4294.)

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