10 U.S.C. § 176 — Armed Forces Institute of Pathology

Page 263 TITLE 10—ARMED FORCES § 176 ed in subsection (d)’’ for ‘‘member of a committee under section 3033 or 8033 of this title’’. Subsec. (f). Pub. L. 90–168, § 2(4), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 1661(b)(3) of Pub. L. 103–337 ef- fective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–94 effective Oct. 1, 1983, see section 1212(e) of Pub. L. 98–94 set out as a note under section 138 of this title. EFFECTIVE DATE OF 1967 AMENDMENT For effective date of amendment by Pub. L. 90–168, see section 7 of Pub. L. 90–168, set out as a note under section 138 of this title. § 176. Armed Forces Institute of Pathology (a)(1) There is in the Department of Defense an Institute to be known as the Armed Forces In- stitute of Pathology (hereinafter in this section referred to as the ‘‘Institute’’), which has the re- sponsibilities, functions, authority, and rela- tionships set forth in this section. The Institute shall be a joint entity of the three military de- partments, subject to the authority, direction, and control of the Secretary of Defense. (2) The Institute shall consist of a Board of Governors, a Director, two Deputy Directors, and a staff of such professional, technical, and clerical personnel as may be required. (3) The Board of Governors shall consist of the Assistant Secretary of Defense for Health Af- fairs, who shall serve as chairman of the Board of Governors, the Assistant Secretary of Health and Human Services for Health, the Surgeons General of the Army, Navy, and Air Force, the Under Secretary for Health of the Department of Veterans Affairs, and a former Director of the Institute, as designated by the Secretary of De- fense, or the designee of any of the foregoing. (4) The Director and the Deputy Directors shall be appointed by the Secretary of Defense. (b)(1) In carrying out the provisions of this section, the Institute is authorized to— (A) contract with the American Registry of Pathology (established under section 177 of this title) for cooperative enterprises in med- ical research, consultation, and education be- tween the Institute and the civilian medical profession under such conditions as may be agreed upon between the Board of Governors and the American Registry of Pathology; (B) make available at no cost to the Amer- ican Registry of Pathology such space, facili- ties, equipment, and support services within the Institute as the Board of Governors deems necessary for the accomplishment of their mu- tual cooperative enterprises; and (C) contract with the American Registry of Pathology for the services of such profes- sional, technical, or clerical personnel as are necessary to fulfill their cooperative enter- prises. (2) No contract may be entered into under paragraph (1) which obligates the Institute to make outlays in advance of the enactment of budget authority for such outlays. (c) The Director is authorized, with the ap- proval of the Board of Governors, to enter into agreements with the American Registry of Pa- thology for the services at any time of not more than six distinguished pathologists or scientists of demonstrated ability and experience for the purpose of enhancing the activities of the Insti- tute in education, consultation, and research. Such pathologists or scientists may be ap- pointed by the Director to administrative posi- tions within the components or subcomponents of the Institute and may be authorized by the Director to exercise any or all professional du- ties within the Institute, notwithstanding any other provision of law. The Secretary of De- fense, on a case-by-case basis, may waive the limitation on the number of distinguished pa- thologists or scientists with whom agreements may be entered into under this subsection if the Secretary determines that such waiver is in the best interest of the Department of Defense. (d) The Secretary of Defense shall promulgate such regulations as may be necessary to pre- scribe the organization, functions, and respon- sibilities of the Institute. (Added Pub. L. 94–361, title VIII, § 811(b), July 14, 1976, 90 Stat. 933; amended Pub. L. 96–513, title V, § 511(6), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 103–160, div. A, title VII, § 733, Nov. 30, 1993, 107 Stat. 1697; Pub. L. 104–106, div. A, title IX, § 903(f)(1), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 107–107, div. A, title X, § 1048(a)(4), Dec. 28, 2001, 115 Stat. 1222.) Editorial Notes AMENDMENTS 2001—Subsec. (a)(3). Pub. L. 107–107 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Direc- tor’’. 1996—Subsec. (a)(3). Pub. L. 104–106, § 903(a), (f)(1), which directed amendment of subsec. (a)(3), eff. Jan. 31, 1997, by substituting ‘‘official in the Department of De- fense with principal responsibility for health affairs’’ for ‘‘Assistant Secretary of Defense for Health Affairs’’ and ‘‘Under Secretary for Health of the Department of Veterans Affairs’’ for ‘‘Chief Medical Director of the Department of Veterans Affairs’’, was repealed by Pub. L. 104–201. 1993—Subsec. (c). Pub. L. 103–160 inserted at end ‘‘The Secretary of Defense, on a case-by-case basis, may waive the limitation on the number of distinguished pathologists or scientists with whom agreements may be entered into under this subsection if the Secretary determines that such waiver is in the best interest of the Department of Defense.’’ 1989—Subsec. (a)(3). Pub. L. 101–189 substituted ‘‘De- partment of Veterans Affairs’’ for ‘‘Veterans’ Adminis- tration’’. 1980—Subsec. (a)(3). Pub. L. 96–513, § 511(6)(A), sub- stituted ‘‘Secretary of Health and Human Services’’ for ‘‘Secretary of Health, Education, and Welfare’’. Subsec. (b)(1)(A). Pub. L. 96–513, § 511(6)(B), inserted ‘‘of this title’’ after ‘‘177’’. 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. Page 264 TITLE 10—ARMED FORCES § 177 ESTABLISHMENT OF JOINT PATHOLOGY CENTER Pub. L. 110–181, div. A, title VII, § 722, Jan. 28, 2008, 122 Stat. 199, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) The Secretary of Defense proposed to disestab- lish all elements of the Armed Forces Institute of Pa- thology, except the National Medical Museum and the Tissue Repository, as part of the recommenda- tions of the Secretary for the closure of Walter Reed Army Medical Center in the 2005 round of defense base closure and realignment. ‘‘(2) The Defense Base Closure and Realignment Commission altered, but did not reject, the proposal of the Secretary of Defense to disestablish the Armed Forces Institute of Pathology. ‘‘(3) The Commission’s recommendation that the Armed Forces Institute of Pathology’s ‘capabilities not specified in this recommendation will be absorbed into other DOD, Federal, or civilian facilities’ pro- vides the flexibility to retain a Joint Pathology Cen- ter as a Department of Defense or Federal entity. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that the Armed Forces Institute of Pathology has pro- vided important medical benefits to the Armed Forces and to the United States and that the Federal Govern- ment should retain a Joint Pathology Center. ‘‘(c) ESTABLISHMENT.— ‘‘(1) ESTABLISHMENT REQUIRED.—The President shall establish and maintain a Joint Pathology Center that shall function as the reference center in pathology for the Federal Government. ‘‘(2) ESTABLISHMENT WITHIN DOD.—Except as pro- vided in paragraph (3), the Joint Pathology Center shall be established in the Department of Defense, consistent with the final recommendations of the 2005 Defense Base Closure and Realignment Commission, as approved by the President. ‘‘(3) ESTABLISHMENT IN ANOTHER DEPARTMENT.—If the President makes a determination, within 180 days after the date of the enactment of this Act [Jan. 28, 2008], that the Joint Pathology Center cannot be es- tablished in the Department of Defense, the Joint Pa- thology Center shall be established as an element of a Federal agency other than the Department of De- fense. The President shall incorporate the selection of such agency into the determination made under this paragraph. ‘‘(d) SERVICES.—The Joint Pathology Center shall provide, at a minimum, the following: ‘‘(1) Diagnostic pathology consultation services in medicine, dentistry, and veterinary sciences. ‘‘(2) Pathology education, to include graduate med- ical education, including residency and fellowship programs, and continuing medical education. ‘‘(3) Diagnostic pathology research. ‘‘(4) Maintenance and continued modernization of the Tissue Repository and, as appropriate, utilization of the Repository in conducting the activities de- scribed in paragraphs (1) through (3).’’ NATIONAL MUSEUM OF HEALTH AND MEDICINE Pub. L. 103–337, div. A, title X, § 1067, Oct. 5, 1994, 108 Stat. 2851, as amended by Pub. L. 105–78, title VII, § 702, Nov. 13, 1997, 111 Stat. 1524, provided that: ‘‘(a) PURPOSE.—It is the purpose of this section— ‘‘(1) to display and interpret the collections of the Armed Forces Institute of Pathology currently lo- cated at Walter Reed Medical Center; and ‘‘(2) to designate the public facility of the Armed Forces Institute of Pathology as the National Mu- seum of Health and Medicine. ‘‘(b) DESIGNATION.—The public facility of the Armed Forces Institute of Pathology shall also be known as the National Museum of Health and Medicine.’’ CONGRESSIONAL FINDINGS AND DECLARATION Pub. L. 94–361, title VIII, § 811(a), July 14, 1976, 90 Stat. 933, provided that: ‘‘(1) The Congress hereby finds and declares that— ‘‘(A) the Armed Forces Institute of Pathology offers unique pathologic support to national and inter- national medicine; ‘‘(B) the Institute contains the Nation’s most com- prehensive collection of pathologic specimens for study and a staff of prestigious pathologists engaged in consultation, education, and research; ‘‘(C) the activities of the Institute are of unique and vital importance in support of the health care of the Armed Forces of the United States; ‘‘(D) the activities of the Institute are also of unique and vital importance in support of the civilian health care system of the United States; ‘‘(E) the Institute provides an important focus for the exchange of information between civilian and military medicine, to the benefit of both; and ‘‘(F) it is important to the health of the American people and of the members of the Armed Forces of the United States that the Institute continue its activi- ties in serving both the military and civilian sectors in education, consultation, and research in the med- ical, dental, and veterinary sciences. ‘‘(2) The Congress further finds and declares that ben- eficial cooperative efforts between private individuals, professional societies, and other entities on the one hand and the Armed Forces Institute of Pathology on the other can be carried out most effectively through the establishment of a private corporation.’’ § 177. American Registry of Pathology (a)(1) There is authorized to be established a nonprofit corporation to be known as the Amer- ican Registry of Pathology which shall not for any purpose be an agency or establishment of the United States Government. The American Registry of Pathology shall be subject to the provisions of this section and, to the extent not inconsistent with this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–501 et seq.). (2) The American Registry of Pathology shall have a Board of Members (hereinafter in this section referred to as the ‘‘Board’’) consisting of not less than eleven individuals who are rep- resentatives of the professional societies and or- ganizations that support the activities of the American Registry of Pathology, of whom one shall be elected annually by the Board to serve as chairman. (3) The American Registry of Pathology shall have a Director, who shall be appointed by the Board, and such other officers as may be named and appointed by the Board. Such officers shall be compensated at rates fixed by the Board and shall serve at the pleasure of the Board. (4) The members of the initial Board shall serve as incorporators and shall take whatever actions are necessary to establish under the Dis- trict of Columbia Nonprofit Corporation Act the corporation authorized by paragraph (1). (5) The term of office of each member of the Board shall be four years, except that (A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, (B) the terms of of- fice of members first taking office shall begin on the date of incorporation and shall expire, as designated at the time of their appointment and to the maximum extent practicable, one fourth at the end of one year, one fourth at the end of two years, one fourth at the end of three years, and one fourth at the end of four years, and (C)