10 U.S.C. § 177 — American Registry of Pathology

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) Page 265 TITLE 10—ARMED FORCES § 178 a member whose term has expired may serve until his successor has qualified. No member shall be eligible to serve more than two consecu- tive terms of four years each. (6) Any vacancy in the Board shall not affect its powers, but such vacancy shall be filled in the manner in which the original appointment was made. (b) In order to carry out the purposes of this section, the American Registry of Pathology is authorized to— (1) enter into contracts with public and pri- vate organizations for the writing, editing, printing, and publishing of fascicles of tumor pathology, atlases, and other material; (2) accept gifts and grants from and enter into contracts with individuals, private foun- dations, professional societies, institutions, and governmental agencies; (3) enter into agreements with professional societies for the establishment and mainte- nance of Registries of Pathology; and (4) serve as a focus for the interchange be- tween military and civilian pathology and en- courage the participation of medical, dental, and veterinary sciences in pathology for the mutual benefit of military and civilian medi- cine. (c) In the performance of the functions set forth in subsection (b), the American Registry of Pathology is authorized to— (1) enter into such other contracts, leases, cooperative agreements, or other transactions as the Board deems appropriate to conduct the activities of the American Registry of Pathol- ogy; and (2) charge such fees for professional services as the Board deems reasonable and appro- priate. (d) The American Registry of Pathology may transmit annually to its Board and supporting organizations referred to in subsection (a)(2) a comprehensive and detailed report of its oper- ations, activities, and accomplishments. (Added Pub. L. 94–361, title VIII, § 811(b), July 14, 1976, 90 Stat. 934; amended Pub. L. 98–525, title XIV, § 1405(5), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 112–239, div. A, title V, § 585, Jan. 2, 2013, 126 Stat. 1768.) Editorial Notes REFERENCES IN TEXT The District of Columbia Nonprofit Corporation Act, referred to in subsec. (a)(1), (4), is Pub. L. 87–569, Aug. 6, 1962, 76 Stat. 265, which is not classified to the Code. AMENDMENTS 2013—Subsec. (a)(2). Pub. L. 112–239, § 585(1)(A), sub- stituted ‘‘the professional societies and organizations that support the activities of the American Registry of Pathology’’ for ‘‘those professional societies and orga- nizations which sponsor individual registries of pathol- ogy at the Armed Forces Institute of Pathology’’ and struck out at end ‘‘Each such sponsor shall appoint one member to the Board for a term of four years.’’ Subsec. (a)(3). Pub. L. 112–239, § 585(1)(B), struck out ‘‘with the concurrence of the Director of the Armed Forces Institute of Pathology’’ after ‘‘shall be ap- pointed by the Board’’. Subsec. (b). Pub. L. 112–239, § 585(2), redesignated pars. (2) to (5) as (1) to (4), respectively, and struck out former par. (1) which read as follows: ‘‘enter into con- tracts with the Armed Forces Institute of Pathology for the provision of such services and personnel as may be necessary to carry out their cooperative enter- prises;’’. Subsec. (d). Pub. L. 112–239, § 585(3), substituted ‘‘an- nually to its Board and supporting organizations re- ferred to in subsection (a)(2)’’ for ‘‘to the Director and the Board of Governors of the Armed Forces Institute of Pathology and to the sponsors referred to in sub- section (a)(2) annually, and at such other times as it deems desirable,’’. 1984—Subsec. (a)(1). Pub. L. 98–525 substituted ‘‘sec. 29–501’’ for ‘‘sec. 29–1001’’. § 178. The Henry M. Jackson Foundation for the Advancement of Military Medicine (a) There is authorized to be established a non- profit corporation to be known as the Henry M. Jackson Foundation for the Advancement of Military Medicine (hereinafter in this section referred to as the ‘‘Foundation’’) which shall not for any purpose be an agency or instrumentality of the United States Government. The Founda- tion shall be subject to the provisions of this section and, to the extent not inconsistent with this section, the Corporations and Associations Articles of the State of Maryland. (b) It shall be the purpose of the Foundation (1) to carry out medical research and education projects under cooperative arrangements with the Uniformed Services University of the Health Sciences, (2) to serve as a focus for the inter- change between military and civilian medical personnel, and (3) to encourage the participation of the medical, dental, nursing, veterinary, and other biomedical sciences in the work of the Foundation for the mutual benefit of military and civilian medicine. (c)(1) The Foundation shall have a Council of Directors (hereinafter in this section referred to as the ‘‘Council’’) composed of— (A) the Chairmen and ranking minority members of the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives (or their designees from the membership of such committees), who shall be ex officio members, (B) the Dean of the Uniformed Services Uni- versity of the Health Sciences, who shall be an ex officio member, and (C) six members, each of whom shall be ap- pointed at the expiration of the term of a member appointed under this subparagraph, as provided for in paragraph (2), by the members currently serving on the Council pursuant to this subparagraph and paragraph (2), including the member whose expiring term is so being filled by such appointment. (2) The term of office of each member of the Council appointed under clause (C) of paragraph (1) shall be four years, except that any person appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remain- der of such term. (3) The Council shall elect a chairman from among its members. (d)(1) The Foundation shall have an Executive Director who shall be appointed by the Council and shall serve at the pleasure of the Council. The Executive Director shall be responsible for