US (United States) Code. Title 10. Subtitle A: General Military Law. Chapter 104: Uniformed Services

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Training and education. University of the Health Sciences

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-CITE-

10 USC CHAPTER 104 - UNIFORMED SERVICES UNIVERSITY OF THE

HEALTH SCIENCES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 104 - UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES

.

-HEAD-

CHAPTER 104 - UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES

-MISC1-

Sec.

2112. Establishment.

2112a. Continued operation of University.

2113. Administration of University.

2114. Students: selection; status; obligation.

2115. Graduates: limitation on number permitted to perform civilian

Federal service.

2116. Military nursing research.

(2117. Repealed.)

AMENDMENTS

1996 - Pub. L. 104-201, div. A, title IX, Sec. 907(a)(2), Sept.

23, 1996, 110 Stat. 2620, added item 2112a.

Pub. L. 104-106, div. A, title VII, Sec. 741(b), title X, Sec.

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, Sec. 1484(b)(2)(B),

Nov. 5, 1990, 104 Stat. 1716, struck out item 2117 ''Authorization

for appropriations''.

1983 - Pub. L. 98-94, title XII, Sec. 1268(12)(B), Sept. 24,

1983, 97 Stat. 706, struck out item 2116 ''Reports to Congress''.

1979 - Pub. L. 96-107, title VIII, Sec. 803(c)(3), Nov. 9, 1979,

93 Stat. 812, substituted ''permitted'' for ''electing'' and

''service'' for ''duty'' in item 2115.

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10 USC Sec. 2112 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 104 - UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES

-HEAD-

Sec. 2112. Establishment

-STATUTE-

(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 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.

(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 persons to be

graduated from the University, the Secretary of Defense shall

institute actions necessary 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 medical personnel.

(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).

-SOURCE-

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 713;

amended Pub. L. 96-107, title VIII, Sec. 803(a), Nov. 9, 1979, 93

Stat. 811; Pub. L. 96-513, title V, Sec. 511(63), (64), Dec. 12,

1980, 94 Stat. 2925, 2926; Pub. L. 104-106, div. A, title X, Sec.

1072(b)(1), Feb. 10, 1996, 110 Stat. 446; Pub. L. 107-107, div. A,

title X, Sec. 1048(e)(8), Dec. 28, 2001, 115 Stat. 1228.)

-MISC1-

AMENDMENTS

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 ''institute

actions necessary''.

1980 - Subsec. (a). Pub. L. 96-513 inserted ''in this chapter''

after ''hereinafter'', and substituted ''September 21, 1982'' for

''10 years after the date of the enactment of this chapter''.

1979 - Subsec. (b). Pub. L. 96-107 inserted provisions respecting

the maximum number of first-year enrollments in the University.

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

Section 1 of Pub. L. 92-426 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'.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authority of Board of Regents of Uniformed

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.

-MISC5-

CONTINUATION OF UNIFORMED SERVICES UNIVERSITY OF THE HEALTH

SCIENCES

Section 1071 of Pub. L. 104-106, as amended by Pub. L. 104-201,

div. A, title IX, Sec. 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 Uniformed 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 University.

''((b) Repealed. Pub. L. 104-201, div. A, title IX, Sec.

907(b)(2), Sept. 23, 1996, 110 Stat. 2620. See section 2112a(b) of

this title.)

''(c) Budgetary Commitment to Continuation. - It is the sense of

Congress that the Secretary of Defense should budget for the

operation of the Uniformed Services University of the Health

Sciences during fiscal year 1997 at a level at least equal to the

level of operations conducted at the University during fiscal year

1995.''

Pub. L. 103-337, div. A, title IX, Sec. 922, Oct. 5, 1994, 108

Stat. 2829, as amended by Pub. L. 104-201, div. A, title IX, Sec.

907(b)(1), Sept. 23, 1996, 110 Stat. 2620, provided that:

((a) Repealed. Pub. L. 104-201, div. A, title IX, Sec.

907(b)(1), Sept. 23, 1996, 110 Stat. 2620. See section 2112a(a) 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 Uniformed 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 careers as

uniformed services health care providers.

''(c) GAO Evaluation. - Not later than June 1, 1995, the

Comptroller General of the United States shall submit 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 physicians 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 respective 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 education provided

at the University with the quality of medical education provided

by other sources of military 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 University and physicians obtained from

other sources.

''(5) An assessment of the extent to which the University has

responded to the 1990 report of the Inspector 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 Advancement of Military

Medicine identified in the 1990 report.

''(6) Such other recommendations as the Comptroller General

considers appropriate.''

F. EDWARD HEAE1BERT SCHOOL OF MEDICINE

Pub. L. 98-94, title XII, Sec. 1265, Sept. 24, 1983, 97 Stat.

704, provided that: ''The School of Medicine of the Uniformed

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 HeAE1bert 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

HeAE1bert School of Medicine.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2173 of this title.

-CITE-

10 USC Sec. 2112a 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 104 - UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES

-HEAD-

Sec. 2112a. Continued operation of University

-STATUTE-

(a) Closure Prohibited. - The University may not be closed.

(b) Personnel Strength. - 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.

-SOURCE-

(Added Pub. L. 104-201, div. A, title IX, Sec. 907(a)(1), Sept.

23, 1996, 110 Stat. 2620.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsec. (a) of this section were

contained in Pub. L. 103-337, div. A, title IX, Sec. 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, Sec.

907(b)(1).

Provisions similar to those in subsec. (b) of this section were

contained in Pub. L. 104-106, div. A, title X, Sec. 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, Sec.

907(b)(2).

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10 USC Sec. 2113 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 104 - UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES

-HEAD-

Sec. 2113. Administration of University

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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.

-TRANS-

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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

10 USC Sec. 2114 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 104 - UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES

-HEAD-

Sec. 2114. Students: selection; status; obligation

-STATUTE-

(a) Medical 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).

(b) Medical students shall be commissioned officers of a

uniformed service as determined under regulations prescribed by the

Secretary of Defense after consulting with the Secretary of Health

and Human Services. Notwithstanding any other provision of law,

they shall serve on active duty in pay grade O-1 with full pay and

allowances of that grade. Upon graduation they shall be appointed

in a regular component, if qualified, unless they are covered by

section 2115 of this title. Medical 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 and Human Services,

as appropriate, may prescribe for not less than seven years, unless

sooner released. Upon completion of, or release from, the

active-duty service obligation, a member of the program who served

on active-duty for less than 10 years shall serve in the Ready

Reserve for the period specified in the following table:

Period of Service Ready Reserve

on Active Duty Obligation

Less than 8 years 6 years

8 years or more, but less than 9 4 years

9 years or more, but less than 10 2 years

The service credit exclusions specified in section 2126 of this

title shall apply to students covered by this section.

(c) A period of time spent in military intern or residency

training shall not be creditable in satisfying a commissioned

service obligation imposed by this section.

(d) A medical student 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 student 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 student be required to serve on active duty less than one

year.

(e)(1) The Secretary of Defense may enter into agreements with

foreign military medical schools for reciprocal education programs

under which students at the University receive specialized military

medical instruction at the foreign military medical school and

military medical personnel of the country of such medical school

receive specialized military medical instruction at the University.

Any such agreement may be made on a reimbursable basis or a

nonreimbursable basis.

(2) Not more than 40 persons at any one time may receive

instruction at the University under this subsection. Attendance of

such persons at the University may not result in a decrease in the

number of students enrolled in the University. Subsection (b) does

not apply to students receiving instruction under this subsection.

(3) The Dean of the University, with the approval of the

Secretary of Defense, shall determine the countries from which

persons may be selected to receive instruction under this

subsection and the number of persons that may be selected from each

country. The Dean may establish qualifications and methods of

selection and shall select those persons who will be permitted to

receive instruction at the University. The qualifications

established shall be comparable to those required of United States

citizens.

(4) Each foreign country from which a student is permitted to

receive instruction at the University under this subsection shall

reimburse the United States for the cost of providing such

instruction, unless such reimbursement is waived by the Secretary

of Defense. The Secretary of Defense shall prescribe the rates for

reimbursement under this paragraph.

(5) Except as the Dean determines, a person receiving instruction

at the University under this subsection is subject to the same

regulations governing attendance, discipline, discharge, and

dismissal as a student enrolled in the University. The Secretary

may prescribe regulations with respect to access to classified

information by a person receiving instruction under this subsection

that differ from the regulations that apply to a student enrolled

in the University.

(f) In this section, the term ''commissioned service obligation''

means, with respect to an officer who is a graduate of the

University, the period beginning on the date of the appointment of

the officer in a regular component after graduation and ending on

the tenth anniversary of that appointment.

(g) The Secretary of Defense shall establish such selection

procedures, service obligations, and other requirements as the

Secretary considers appropriate for graduate students (other than

medical students) in a postdoctoral, postgraduate, or technological

institute established pursuant to section 2113(h) of this title.

(h) A graduate of the University who is relieved of the

graduate's active-duty service obligation under subsection (b)

before the completion of that active-duty service obligation may be

given, with or without the consent of the graduate, an alternative

obligation in the same manner as provided in subparagraphs (A) and

(B) of paragraph (1) of section 2123(e) of this title or paragraph

(2) of such section for members of the Armed Forces Health

Professions Scholarship and Financial Assistance program.

-SOURCE-

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 715;

amended Pub. L. 96-107, title VIII, Sec. 803(b), Nov. 9, 1979, 93

Stat. 812; Pub. L. 96-513, title I, Sec. 114, title V, Sec.

511(65), Dec. 12, 1980, 94 Stat. 2877, 2926; Pub. L. 98-525, title

XV, Sec. 1535, Oct. 19, 1984, 98 Stat. 2633; Pub. L. 101-189, div.

A, title V, Sec. 511(a), Nov. 29, 1989, 103 Stat. 1439; Pub. L.

101-510, div. A, title V, Sec. 533(a), (b), Nov. 5, 1990, 104

Stat. 1564; Pub. L. 103-160, div. A, title VII, Sec. 732(a), Nov.

30, 1993, 107 Stat. 1696; Pub. L. 104-106, div. A, title X, Sec.

1072(b)(3), Feb. 10, 1996, 110 Stat. 446; Pub. L. 104-201, div. A,

title VII, Sec. 741(b), Sept. 23, 1996, 110 Stat. 2599; Pub. L.

105-85, div. A, title X, Sec. 1073(a)(38), Nov. 18, 1997, 111

Stat. 1902.)

-MISC1-

AMENDMENTS

1997 - Subsec. (h). Pub. L. 105-85 substituted ''section

2123(e)'' for ''section 2123(e)(1)''.

1996 - Subsec. (e)(1). Pub. L. 104-106 substituted ''The

Secretary of Defense'' for ''The Board, upon approval of the

Secretary of Defense,''.

Subsec. (h). Pub. L. 104-201 added subsec. (h).

1993 - Subsec. (a). Pub. L. 103-160, Sec. 732(a)(1), substituted

''Medical students'' for ''Students'' in first sentence.

Subsec. (b). Pub. L. 103-160, Sec. 732(a)(2), substituted

''Medical students'' for ''Students'' in two places.

Subsec. (d). Pub. L. 103-160, Sec. 732(a)(3), substituted

''medical student'' for ''member of the program'' in first sentence

and ''any such student'' for ''any such member'' in two places in

second sentence.

Subsec. (g). Pub. L. 103-160, Sec. 732(a)(4), added subsec. (g).

1990 - Subsec. (b). Pub. L. 101-510, Sec. 533(b)(1), after fourth

sentence inserted provisions relating to the time obligation to be

served in the Ready Reserve upon completion of, or release from,

the active-duty service obligation for members of the program who

served on active duty for less than 10 years.

Pub. L. 101-510, Sec. 533(a), substituted ''seven years'' for

''10 years'' in fourth sentence.

Subsec. (c). Pub. L. 101-510, Sec. 533(b)(2), substituted ''a

commissioned service obligation'' for ''an active duty

obligation''.

Subsec. (f). Pub. L. 101-510, Sec. 533(b)(3), added subsec. (f).

1989 - Subsec. (b). Pub. L. 101-189 substituted ''10 years'' for

''seven years'' in fourth sentence.

1984 - Subsec. (e). Pub. L. 98-525 added subsec. (e).

1980 - Subsec. (b). Pub. L. 96-513, Sec. 511(65), substituted

''Secretary of Health and Human Services'' for ''Secretary of

Health, Education, and Welfare'' wherever appearing.

Pub. L. 96-513, Sec. 114, struck out provision under which

officers attending the Uniformed Services University of Health

Sciences were not counted against authorized military strengths.

1979 - Subsec. (b). Pub. L. 96-107 substituted ''uniformed'' for

''uniform''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 741(c) of Pub. L. 104-201 provided that: ''The amendments

made by this section (amending this section and section 2123 of

this title) shall apply with respect to individuals who first

become members of the Armed Forces Health Professions Scholarship

and Financial Assistance program or students of the Uniformed

Services University of the Health Sciences on or after October 1,

1996.''

EFFECTIVE DATE OF 1993 AMENDMENT

Section 732(b) of Pub. L. 103-160 provided that: ''The amendments

made by subsection (a) (amending this section) shall apply with

respect to students attending the Uniformed Services University of

the Health Sciences on or after the date of the enactment of this

Act (Nov. 30, 1993).''

EFFECTIVE DATE OF 1990 AMENDMENT

Section 533(d) of Pub. L. 101-510 provided that: ''The amendment

made by subsection (b) (amending this section) shall take effect on

December 31, 1991, and shall apply to persons who are first

admitted to the Uniformed Services University of the Health

Sciences after that date.''

EFFECTIVE DATE OF 1989 AMENDMENT

Section 511(e) of Pub. L. 101-189, as amended by Pub. L. 101-510,

div. A, title V, Sec. 533(c), Nov. 5, 1990, 104 Stat. 1564,

provided that: ''The amendments made by this section (amending this

section and sections 4348, 6959, and 9348 of this title) shall

apply to persons who are first admitted to one of the military

service academies after December 31, 1991.''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 114 of Pub. L. 96-513 effective Sept. 15,

1981, but the authority to prescribe regulations under the

amendment by Pub. L. 96-513 effective on Dec. 12, 1980, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

Amendment by section 511(65) of Pub. L. 96-513 effective Dec. 12,

1980, see section 701(b)(3) of Pub. L. 96-513.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authority of Board of Regents of Uniformed

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.

-MISC5-

TRANSITION PROVISIONS

Section 741(d)(2) of Pub. L. 104-201 provided that: ''In the case

of any person who, as of October 1, 1996, is serving an active-duty

service obligation as a graduate of the Uniformed Services

University of the Health Sciences or is incurring an active-duty

service obligation as a student of the University, and who is

subsequently relieved of the active-duty service obligation before

the completion of the obligation, the alternative obligations

authorized by the amendment made by subsection (b) (amending this

section) may be implemented by the Secretary of Defense with the

agreement of the person.''

-CITE-

10 USC Sec. 2115 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 104 - UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES

-HEAD-

Sec. 2115. Graduates: limitation on number permitted to perform

civilian Federal service

-STATUTE-

The Secretary of Defense may allow not more than 20 percent of

the graduates of each class at the University to perform civilian

Federal service for not less than seven years following the

completion of their professional education in lieu of active duty

in a uniformed service if the needs of the uniformed services do

not require that such graduates perform active duty in a uniformed

service and as long as the Secretary of Defense does not recall

such persons to active duty in the uniformed services. Such

persons who execute an agreement in writing to perform such

civilian Federal service may be released from active duty following

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.

-SOURCE-

(Added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86 Stat. 716;

amended Pub. L. 96-107, title VIII, Sec. 803(c)(1), (2), Nov. 9,

1979, 93 Stat. 812.)

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-107, Sec. 803(c)(2), substituted ''permitted''

for ''electing'' and ''service'' for ''duty'' in section catchline.

Pub. L. 96-107, Sec. 803(c)(1), substituted provisions respecting

authority of the Secretary of Defense to allow graduates to perform

civilian Federal service and the execution of agreements for such

service as prerequisites for release from active duty following

completion of education, for provisions relating to limitations on

the number of graduates electing to perform civilian Federal duty,

agreements respecting such service, and release from active duty

upon completion of their education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

10 USC Sec. 2116 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 104 - UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES

-HEAD-

Sec. 2116. Military nursing research

-STATUTE-

(a) Definitions. - In this section:

(1) The term ''military nursing research'' means research on

the furnishing of care and services by nurses in the armed

forces.

(2) The term ''TriService Nursing Research Program'' means the

program of military nursing research authorized under this

section.

(b) Program Authorized. - The Secretary of Defense may establish

at the University a program of military nursing research.

(c) TriService Research Group. - The TriService Nursing Research

Program shall be administered by a TriService Nursing Research

Group composed of Army, Navy, and Air Force nurses who are involved

in military nursing research and are designated by the Secretary

concerned to serve as members of the group.

(d) Duties of Group. - The TriService Nursing Research Group

shall -

(1) develop for the Department of Defense recommended

guidelines for requesting, reviewing, and funding proposed

military nursing research projects; and

(2) make available to Army, Navy, and Air Force nurses and

Department of Defense officials concerned with military nursing

research -

(A) information about nursing research projects that are

being developed or carried out in the Army, Navy, and Air

Force; and

(B) expertise and information beneficial to the encouragement

of meaningful nursing research.

(e) Research Topics. - For purposes of this section, military

nursing research includes research on the following issues:

(1) Issues regarding how to improve the results of nursing care

and services provided in the armed forces in time of peace.

(2) Issues regarding how to improve the results of nursing care

and services provided in the armed forces in time of war.

(3) Issues regarding how to prevent complications associated

with battle injuries.

(4) Issues regarding how to prevent complications associated

with the transporting of patients in the military medical

evacuation system.

(5) Issues regarding how to improve methods of training nursing

personnel.

(6) Clinical nursing issues, including such issues as

prevention and treatment of child abuse and spouse abuse.

(7) Women's health issues.

(8) Wellness issues.

(9) Preventive medicine issues.

(10) Home care management issues.

(11) Case management issues.

-SOURCE-

(Added Pub. L. 104-106, div. A, title VII, Sec. 741(a), Feb. 10,

1996, 110 Stat. 384.)

-MISC1-

PRIOR PROVISIONS

A prior section 2116, added Pub. L. 92-426, Sec. 2(a), Sept. 21,

1972, 86 Stat. 716, directed Secretary of Defense to report

periodically to Committees on Armed Services of the Senate and

House of Representatives on feasibility of establishing educational

institutions similar or identical to University at any other

locations he deemed appropriate, with last such report to be

submitted by June 30, 1976, prior to repeal by Pub. L. 98-94, title

XII, Sec. 1268(12)(A), Sept. 24, 1983, 97 Stat. 706.

-CITE-

10 USC Sec. 2117 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART III - TRAINING AND EDUCATION

CHAPTER 104 - UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES

-HEAD-

(Sec. 2117. Repealed. Pub. L. 101-510, div. A, title XIV, Sec.

1484(b)(2)(A), Nov. 5, 1990, 104 Stat. 1716)

-MISC1-

Section, added Pub. L. 92-426, Sec. 2(a), Sept. 21, 1972, 86

Stat. 716, authorized appropriations for the Uniformed Services

University of the Health Sciences.

-CITE-