
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2113]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
    CHAPTER 104--UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES
 
Sec. 2113. Administration of University

    (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. 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).

    (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 
    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.

    (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 Secretary shall appoint a Dean of the University 
(hereinafter in this chapter referred to as the ``Dean'') who shall also 
serve as a nonvoting 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, 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)(1) The Secretary, 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 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.
    (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 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.
    (g) The Secretary may negotiate agreements with agencies 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 Secretary may 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 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.
    (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.

    (i) 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.
    (j)(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, 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 and the University;
        (C) to enter into contracts with the Henry M. Jackson Foundation 
    for the Advancement of Military Medicine 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 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; 
    and
        (F) to accept the voluntary services of guest scholars and other 
    persons.

    (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.

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 714; amended 
Pub. L. 95-589, Nov. 4, 1978, 92 Stat. 2512; Pub. L. 96-513, title V, 
Sec. 511(64), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98-36, Sec. 3, May 
27, 1983, 97 Stat. 201; Pub. L. 98-132, Sec. 2(b), Oct. 17, 1983, 97 
Stat. 849; Pub. L. 99-661, div. A, title V, Sec. 505, Nov. 14, 1986, 100 
Stat. 3864; Pub. L. 101-189, div. A, title VII, Sec. 726(a), (b)(1), 
Nov. 29, 1989, 103 Stat. 1480; Pub. L. 101-510, div. A, title XIII, 
Sec. 1322(a)(3), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 104-106, div. A, 
title X, Sec. 1072(a), (b)(2), (c)(1), Feb. 10, 1996, 110 Stat. 446; 
Pub. L. 106-65, div. A, title XI, Sec. 1108, Oct. 5, 1999, 113 Stat. 
778; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(a)(12)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-291.)


                               Amendments

    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, Sec. 1072(c)(1), substituted ``Administration 
of University'' for ``Board of Regents'' as section catchline.
    Subsec. (a). Pub. L. 104-106, Sec. 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, Sec. 1072(b)(2)(B), substituted ``The 
Secretary shall appoint'' for ``The Board shall appoint''.
    Subsec. (e). Pub. L. 104-106, Sec. 1072(b)(2)(C), struck out ``of 
Defense'' after ``Secretary''.
    Subsec. (f). Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 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, Sec. 1072(b)(2)(F), substituted 
``Secretary'' for ``Board'' wherever appearing.
    1990--Subsec. (j)(1). Pub. L. 101-510, Sec. 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, Sec. 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, Sec. 726(a), substituted 
``five exemptions'' for ``two exemptions''.
    Subsec. (j)(1)(A). Pub. L. 101-189, Sec. 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).


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.

                          Transfer of Functions

    Section 8091 of Pub. L. 101-511 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 2114 of this title.
