10 U.S.C. § 2112a — Continued operation of University

Page 1679 TITLE 10—ARMED FORCES § 2113 ‘‘(B) funded through the Defense Health Program. ‘‘(2) REQUIREMENTS DESCRIBED.—The requirements described in this paragraph are the requirements under the following provisions of law: ‘‘(A) Section 3506(c) of title 44, United States Code. ‘‘(B) Sections 3507 and 3508 of such title.’’ CONTINUATION OF UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES Pub. L. 104–106, div. A, title X, § 1071, Feb. 10, 1996, 110 Stat. 445, as amended by Pub. L. 104–201, div. A, title IX, § 907(b)(2), Sept. 23, 1996, 110 Stat. 2620, provided that: ‘‘(a) POLICY.—Congress reaffirms— ‘‘(1) the prohibition set forth in subsection (a) of section 922 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2829; 10 U.S.C. 2112 note) regarding closure of the Uni- formed Services University of the Health Sciences; and ‘‘(2) the expression of the sense of Congress set forth in subsection (b) of such section regarding the budgetary commitment to continuation of the Uni- versity. ‘‘[(b) Repealed. Pub. L. 104–201, div. A, title IX, § 907(b)(2), Sept. 23, 1996, 110 Stat. 2620.] ‘‘(c) BUDGETARY COMMITMENT TO CONTINUATION.—It is the sense of Congress that the Secretary of Defense should budget for the operation of the Uniformed Serv- ices University of the Health Sciences during fiscal year 1997 at a level at least equal to the level of oper- ations conducted at the University during fiscal year 1995.’’ Pub. L. 103–337, div. A, title IX, § 922, Oct. 5, 1994, 108 Stat. 2829, as amended by Pub. L. 104–201, div. A, title IX, § 907(b)(1), Sept. 23, 1996, 110 Stat. 2620, provided that: [(a) Repealed. Pub. L. 104–201, div. A, title IX, § 907(b)(1), Sept. 23, 1996, 110 Stat. 2620. See section 2112a of this title.] ‘‘(b) BUDGETARY COMMITMENT TO CONTINUATION.—It is the sense of Congress that the Secretary of Defense should budget for the ongoing operation of the Uni- formed Services University of the Health Sciences as an institution of professional education that is vital to the education and training each year of significant numbers of personnel of the uniformed services for ca- reers as uniformed services health care providers. ‘‘(c) GAO EVALUATION.—Not later than June 1, 1995, the Comptroller General of the United States shall sub- mit to Congress a detailed report on the Uniformed Services University of the Health Sciences. The report shall include the following: ‘‘(1) A comparison of the cost of obtaining physi- cians for the Armed Forces from the University with the cost of obtaining physicians from other sources. ‘‘(2) An assessment of the retention rate needs of the Armed Forces for physicians in relation to the re- spective retention rates of physicians obtained from the University and physicians obtained from other sources and the factors that contribute to retention rates among military physicians obtained from all sources. ‘‘(3) A review of the quality of the medical edu- cation provided at the University with the quality of medical education provided by other sources of mili- tary physicians. ‘‘(4) A review of the overall issue of the special needs of military medicine and how those special needs are being met by physicians obtained from Uni- versity and physicians obtained from other sources. ‘‘(5) An assessment of the extent to which the Uni- versity has responded to the 1990 report of the Inspec- tor General of the Department of Defense, including recommendations as to resolution of any continuing issues relating to management and internal fiscal controls of the University, including issues relating to the Henry M. Jackson Foundation for the Ad- vancement of Military Medicine identified in the 1990 report. ‘‘(6) Such other recommendations as the Comp- troller General considers appropriate.’’ F. EDWARD HE´ BERT SCHOOL OF MEDICINE Pub. L. 98–94, title XII, § 1265, Sept. 24, 1983, 97 Stat. 704, provided that: ‘‘The School of Medicine of the Uni- formed Services University of the Health Sciences shall after the date of the enactment of this Act [Sept. 24, 1983] be known and designated as the ‘F. Edward He´bert School of Medicine’. Any reference to such school of medicine in any law, regulation, map, document, or other record of the United States shall after such date be deemed to be a reference to such school of medicine as the F. Edward He´bert School of Medicine.’’ § 2112a. Continued operation of University The University may not be closed. (Added Pub. L. 104–201, div. A, title IX, § 907(a)(1), Sept. 23, 1996, 110 Stat. 2620; amended Pub. L. 114–328, div. A, title VII, § 724(c), Dec. 23, 2016, 130 Stat. 2230.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsec. (a) of this sec- tion were contained in Pub. L. 103–337, div. A, title IX, § 922(a), Oct. 5, 1994, 108 Stat. 2829, which was set out as a note under section 2112 of this title prior to repeal by Pub. L. 104–201, § 907(b)(1). Provisions similar to those in subsec. (b) of this sec- tion were contained in Pub. L. 104–106, div. A, title X, § 1071(b), Feb. 10, 1996, 110 Stat. 445, which was set out as a note under section 2112 of this title prior to repeal by Pub. L. 104–201, § 907(b)(2). AMENDMENTS 2016—Pub. L. 114–328, § 724(c), struck out ‘‘(a) CLOSURE PROHIBITED.—’’ before ‘‘The University’’ and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: ‘‘During the five-year period beginning on October 1, 1996, the personnel staffing levels for the University may not be reduced below the personnel staffing levels for the University as of October 1, 1993.’’ § 2113. Administration of University (a) The business of the University shall be con- ducted by the Secretary of Defense with funds appropriated for and provided by the Depart- ment of Defense. (b) The Secretary shall appoint a President of the University (hereinafter in this chapter re- ferred to as the ‘‘President’’). (c)(1) The Secretary, after considering the rec- ommendations of the President, shall obtain the services of such military and civilian professors, instructors, and administrative and other em- ployees as may be necessary to operate the Uni- versity. Civilian members of the faculty and staff shall be employed under salary schedules and granted retirement and other related bene- fits prescribed by the Secretary (after due con- sideration 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 mem- bers 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.