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10 U.S.C. § 2113Administration of University

submitted 54 years ago by Pub. L. 92-426 to r/title-10-ARMED-FORCES · 944 words · no verdicts yet

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This section assigns the University’s business to the Secretary of Defense and covers its president, faculty, staff, programs, medical resources, affiliations, research partnerships, gifts, and volunteers.

(a) The Secretary conducts the University’s business with Department of Defense appropriations. (b) The Secretary appoints the University President. (c)(1) After considering the President’s recommendations, the Secretary obtains the military and civilian professors, instructors, administrators, and other employees needed to operate the University. Civilian faculty and staff receive Secretary-prescribed salary schedules and retirement and related benefits comparable to employees of fully accredited health-professions schools identified by the Secretary. (2) The Secretary may give military and civilian faculty appropriate academic titles. (3) Military faculty must include a professor of military, naval, or air science, as the Secretary decides. (4) Title 5 sections 5307 and 5373 do not limit the Secretary’s authority to prescribe pay and related benefits, but an employee’s total yearly compensation may not exceed the total annual compensation, excluding expenses, specified in title 3 section 102. (d) The Secretary may make reimbursable agreements with Federal agencies to use existing Federal medical resources. The facilities keep their identities and basic missions. The Secretary may also make affiliation agreements with accredited universities, including payment for educational services for students in Defense educational programs. (e) The Secretary may establish postdoctoral, postgraduate, and technological institutes; a graduate nursing school; and other schools or programs, including certificate, certification, and undergraduate-degree programs, that the Secretary finds necessary to operate the University cost-effectively. (f) The Secretary must establish continuing medical-education programs for military health-professions members to maintain high health-care standards in military medical services. (g)(1) The Secretary may contract with, accept grants from, and make grants to the Henry M. Jackson Foundation for the Advancement of Military Medicine or another nonprofit entity for cooperative medical research, consultation, and education; provide such entities University space, facilities, equipment, and support services on appropriate terms; contract to provide needed professional, technical, or clerical personnel; accept, hold, administer, invest, and spend gifts, devises, or bequests of personal property, including for academic chairs, teaching, research, or demonstrations; agree to use the entities’ scientists or other personnel to improve University education, research, and technology applications; accept voluntary services from guest scholars and others; and, despite title 10 sections 2304, 4141, and 4024, make sole-source contracts and cooperative agreements with, accept grants from, and make grants to nonprofits for those cooperative enterprises or another mission-consistent purpose. (2) No contract may require University outlays before budget authority is enacted. (3) Scientists and medical personnel used under a research agreement may be appointed to University positions and perform duties the Secretary approves. (4) A volunteer is a Federal employee for title 5 chapter 81 work-injury compensation and title 28 chapter 171 tort claims. A person not otherwise a Federal employee is not one for other purposes merely because of the volunteer service.
the actual law source: uscode.house.gov ↗public domain
(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.

(b)

The Secretary shall appoint a President of the University (hereinafter in this chapter referred to as the “President”).

(c)
(1)

The Secretary, after considering the recommendations of the President, 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 (after due consideration 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 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 sections 5307 and 5373 of title 5 do not apply to the authority of the Secretary under paragraph (1) to prescribe salary schedules and other related benefits. 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.

(d)

The Secretary may negotiate agreements with agencies of the Federal Government to utilize on a reimbursable basis appropriate existing Federal medical resources. 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. Such agreements may include provisions for payments for educational services provided students participating in Department of Defense educational programs.

(e)

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, including certificate, certification, and undergraduate degree programs, that the Secretary determines necessary in order to operate the University in a cost-effective manner.

(f)

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.

(g)
(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, or any other nonprofit entity, 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, or nonprofit entity, and the University;

(C)

to enter into contracts with the Henry M. Jackson Foundation for the Advancement of Military Medicine, or any other nonprofit entity, 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, or nonprofit entity, 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;

(F)

to accept the voluntary services of guest scholars and other persons; and

(G)

notwithstanding sections 2304,1 4141, and 4024 of this title, to enter into contracts and cooperative agreements with, accept grants from, and make grants to, nonprofit entities (on a sole-source basis) for the purpose specified in subparagraph (A) or for any other purpose the Secretary determines to be consistent with the mission of the University.

(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 credit: (Added Pub. L. 92–426, § 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, § 511(64), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98–36, § 3, May 27, 1983, 97 Stat. 201; Pub. L. 98–132, § 2(b), Oct. 17, 1983, 97 Stat. 849; Pub. L. 99–661, div. A, title V, § 505, Nov. 14, 1986, 100 Stat. 3864; Pub. L. 101–189, div. A, title VII, § 726(a), (b)(1), Nov. 29, 1989, 103 Stat. 1480; Pub. L. 101–510, div. A, title XIII, § 1322(a)(3), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 104–106, div. A, title X, § 1072(a), (b)(2), (c)(1), Feb. 10, 1996, 110 Stat. 446; Pub. L. 106–65, div. A, title XI, § 1108, Oct. 5, 1999, 113 Stat. 778; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(12)], Oct. 30, 2000, 114 Stat. 1654, 1654A–291; Pub. L. 110–181, div. A, title IX, § 954(a)(3)(A), (b)(1), title XI, § 1116, Jan. 28, 2008, 122 Stat. 294, 361; Pub. L. 113–66, div. A, title VII, § 711, Dec. 26, 2013, 127 Stat. 793; Pub. L. 114–328, div. A, title VII, § 724(b), Dec. 23, 2016, 130 Stat. 2230; Pub. L. 116–283, div. A, title VII, § 714(a), title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 3694, 4294.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-426 · 86 Stat. 714
  • 1978Amended · Pub. L. 95-589 · 92 Stat. 2512
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2926
  • 1983Amended · Pub. L. 98-36 · 97 Stat. 201
  • 1983Amended · Pub. L. 98-132 · 97 Stat. 849
  • 1986Amended · Pub. L. 99-661 · 100 Stat. 3864
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1480
  • 1990Amended · Pub. L. 101-510 · 104 Stat. 1671
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 446
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 778
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 294, 361
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 793
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2230
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3694, 4294

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-426 on 1972-09-21.

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