10 U.S.C. § 2112 — Establishment

Page 1678 TITLE 10—ARMED FORCES § 2112 CHAPTER 104—UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES Sec. 2112. Establishment. 2112a. Continued operation of University. 2113. Administration of University. 2113a. Board of Regents. 2113b. Academic Health System. 2114. Students: selection; status; obligation. 2114a. Eligibility of members of foreign militaries to enroll in the University. 2115. Graduates: limitation on number permitted to perform civilian Federal service. 2116. Military nursing research. [2117. Repealed.] Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. A, title V, § 553, Dec. 23, 2024, 138 Stat. 1894, added item 2114a. Amendment was made pursuant to operation of section 102 of this title. 2019—Pub. L. 116–92, div. A, title VII, § 734(b), Dec. 20, 2019, 133 Stat. 1462, added item 2113b. 2011—Pub. L. 111–383, div. A, title X, § 1075(b)(27), Jan. 7, 2011, 124 Stat. 4370, transferred item 2113a ‘‘Board of Regents’’ to appear after item 2113. 2009—Pub. L. 111–84, div. A, title V, § 525(a)(3)(A), Oct. 28, 2009, 123 Stat. 2286, struck out item 2117 ‘‘School of Nursing’’. 2008—Pub. L. 110–181, div. A, title IX, § 955(g)(2), Jan. 28, 2008, 122 Stat. 296, added item 2117. Pub. L. 110–181, div. A, title IX, § 954(a)(2), Jan. 28, 2008, 122 Stat. 293, added item 2113a at the end. 1996—Pub. L. 104–201, div. A, title IX, § 907(a)(2), Sept. 23, 1996, 110 Stat. 2620, added item 2112a. Pub. L. 104–106, div. A, title VII, § 741(b), title X, § 1072(c)(2), Feb. 10, 1996, 110 Stat. 385, 446, substituted ‘‘Administration of University’’ for ‘‘Board of Regents’’ in item 2113 and added item 2116. 1990—Pub. L. 101–510, div. A, title XIV, § 1484(b)(2)(B), Nov. 5, 1990, 104 Stat. 1716, struck out item 2117 ‘‘Au- thorization for appropriations’’. 1983—Pub. L. 98–94, title XII, § 1268(12)(B), Sept. 24, 1983, 97 Stat. 706, struck out item 2116 ‘‘Reports to Con- gress’’. 1979—Pub. L. 96–107, title VIII, § 803(c)(3), Nov. 9, 1979, 93 Stat. 812, substituted ‘‘permitted’’ for ‘‘electing’’ and ‘‘service’’ for ‘‘duty’’ in item 2115. § 2112. Establishment (a)(1) There is established a Uniformed Serv- ices University of the Health Sciences (in this chapter referred to as the ‘‘University’’) with authority to grant appropriate certificates, cer- tifications, undergraduate degrees, and ad- vanced degrees. (2) The University shall be so organized as to graduate not fewer than 100 medical students annually. (3) The headquarters of the University shall be at a site or sites selected by the Secretary of De- fense within 25 miles of the District of Colum- bia. (b) Except as provided in subsection (a), the numbers of persons to be graduated from the University shall be prescribed by the Secretary of Defense. In so prescribing the number of per- sons to be graduated from the University, the Secretary of Defense shall institute actions nec- essary to ensure the maximum number of first- year enrollments in the University consistent with the academic capacity of the University and the needs of the uniformed services for med- ical personnel. (c) The development of the University may be by such phases as the Secretary of Defense may prescribe subject to the requirements of sub- section (a). (Added Pub. L. 92–426, § 2(a), Sept. 21, 1972, 86 Stat. 713; amended Pub. L. 96–107, title VIII, § 803(a), Nov. 9, 1979, 93 Stat. 811; Pub. L. 96–513, title V, § 511(63), (64), Dec. 12, 1980, 94 Stat. 2925, 2926; Pub. L. 104–106, div. A, title X, § 1072(b)(1), Feb. 10, 1996, 110 Stat. 446; Pub. L. 107–107, div. A, title X, § 1048(e)(8), Dec. 28, 2001, 115 Stat. 1228; Pub. L. 114–328, div. A, title VII, § 724(a), Dec. 23, 2016, 130 Stat. 2230.) Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–328 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘There is hereby authorized to be established within 25 miles of the District of Columbia a Uniformed Services University of the Health Sciences (hereinafter in this chapter 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.’’ 2001—Subsec. (a). Pub. L. 107–107 struck out ‘‘, with the first class graduating not later than September 21, 1982’’ before period at end. 1996—Subsec. (b). Pub. L. 104–106 struck out ‘‘, upon recommendation of the Board of Regents,’’ before ‘‘in- stitute actions necessary’’. 1980—Subsec. (a). Pub. L. 96–513 inserted ‘‘in this chapter’’ after ‘‘hereinafter’’, and substituted ‘‘Sep- tember 21, 1982’’ for ‘‘10 years after the date of the en- actment of this chapter’’. 1979—Subsec. (b). Pub. L. 96–107 inserted provisions respecting the maximum number of first-year enroll- ments in the University. Statutory Notes and Related Subsidiaries 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. SHORT TITLE Pub. L. 92–426, § 1, Sept. 21, 1972, 86 Stat. 713, provided: ‘‘That this Act [enacting this chapter and chapter 105 of this title] may be cited as the ‘Uniformed Services Health Professions Revitalization Act of 1972’.’’ TRANSFER OF FUNCTIONS For transfer of authority of Board of Regents of Uni- formed Services University of the Health Sciences to Secretary of Defense, see section 8091 of Pub. L. 101–511, set out as a note under section 2113 of this title. TEMPORARY EXEMPTION FOR UNIFORMED SERVICES UNI- VERSITY OF THE HEALTH SCIENCES FROM CERTAIN PAPERWORK REDUCTION ACT REQUIREMENTS Pub. L. 116–283, div. A, title VII, § 716(a), Jan. 1, 2021, 134 Stat. 3694, provided that: ‘‘(a) TEMPORARY EXEMPTION FROM CERTAIN PAPER- WORK REDUCTION ACT REQUIREMENTS.— ‘‘(1) IN GENERAL.—During the two-year period begin- ning on the date that is 30 days after the date of the enactment of this Act [Jan. 1, 2021], the requirements described in paragraph (2) shall not apply with re- spect to the voluntary collection of information dur- ing the conduct of research and program evalua- tions— ‘‘(A) conducted or sponsored by the Uniformed Services University of the Health Sciences; and 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.