10 U.S.C. § 2113
1See References in Text note below.
10 U.S.C. § 2113
EDITORIAL NOTES
REFERENCES IN TEXTSection 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 (g)(1)(G), was repealed by Pub.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), Jan. 1, 2021, 134 Stat. 4151, 4293, effective Jan. 1, 2022, 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), Jan. 1, 2021, 134 Stat. 4165-4170.
AMENDMENTS2021-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 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.
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.
RULE OF CONSTRUCTION Pub. L. 116-283, div. A, title VII, §714(b), Jan. 1, 2021, 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, §8091, Nov. 5, 1990, 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, Dec. 23, 2022, 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 [Dec. 23, 2022]."(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."
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- uniformed services
- The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.