10 U.S.C. § 178 — The Henry M. Jackson Foundation for the

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 Page 266 TITLE 10—ARMED FORCES § 179 the day-to-day operations of the Foundation and shall have such specific duties and responsibil- ities as the Council shall prescribe. (2) The rate of compensation of the Executive Director shall be fixed by the Council. (e) The initial members of the Council shall serve as incorporators and take whatever ac- tions as are necessary to establish under the Corporations and Associations Articles of the State of Maryland the corporation authorized by subsection (a). (f) Any vacancy in the Council shall not affect its powers, but shall be filled in the same man- ner in which the original designation or appoint- ment was made. (g) In order to carry out the purposes of this section, the Foundation is authorized to— (1) enter into contracts with, accept grants from, and make grants to the Uniformed Serv- ices University of the Health Sciences for the purpose of carrying out cooperative enter- prises in medical research, medical consulta- tion, and medical education, including con- tracts for provision of such personnel and serv- ices as may be necessary to carry out such co- operative enterprises; (2) enter into contracts with public and pri- vate organizations for the writing, editing, printing, and publishing of books and other material; (3) take such action as may be necessary to obtain patents and licenses for devices and procedures developed by the Foundation and its employees; (4) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation; (5) enter into contracts with individuals, public or private organizations, professional societies, and government agencies for the purpose of carrying out the functions of the Foundation; (6) enter into such other contracts, leases, cooperative agreements, and other trans- actions as the Executive Director considers appropriate to conduct the activities of the Foundation; and (7) charge such fees for professional services furnished by the Foundation as the Executive Director determines reasonable and appro- priate. (h) A person who is a full-time or part-time employee of the Foundation may not be an em- ployee (full-time or part-time) of the Federal Government. (i) The Council shall transmit to the President annually, and at such other times as the Council considers desirable, a report on the operations, activities, and accomplishments of the Founda- tion. (Added Pub. L. 98–36, § 2(a), May 27, 1983, 97 Stat. 200; amended Pub. L. 98–132, § 2(a)(1), Oct. 17, 1983, 97 Stat. 849; Pub. L. 101–189, div. A, title VII, § 726(b)(2), Nov. 29, 1989, 103 Stat. 1480; Pub. L. 104–106, div. A, title XV, § 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 115–232, div. A, title VII, § 739, Aug. 13, 2018, 132 Stat. 1822; Pub. L. 116–92, div. A, title VII, § 733(a), (b), Dec. 20, 2019, 133 Stat. 1461.) Editorial Notes AMENDMENTS 2019—Subsec. (c)(1)(C). Pub. L. 116–92, § 733(a), amend- ed subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘six members appointed by the ex officio members of the Council designated in clauses (A) and (B).’’ Subsec. (c)(2). Pub. L. 116–92, § 733(b), substituted ‘‘ex- cept that any person’’ for ‘‘except that— ‘‘(A) any person’’, substituted period at end for ‘‘; and’’, and struck out subpar. (B) which read as follows: ‘‘the terms of office of members first taking office shall expire, as des- ignated by the ex officio members of the Council at the time of the appointment, two at the end of two years and two at the end of four years.’’ 2018—Subsec. (c)(1)(C). Pub. L. 115–232 substituted ‘‘six members’’ for ‘‘four members’’. 1999—Subsec. (c)(1)(A). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Committee on National Security’’. 1996—Subsec. (c)(1)(A). Pub. L. 104–106 substituted ‘‘Committee on Armed Services of the Senate and the Committee on National Security of the House of Rep- resentatives’’ for ‘‘Committees on Armed Services of the Senate and the House of Representatives’’. 1989—Subsec. (g)(1). Pub. L. 101–189 inserted ‘‘, accept grants from, and make grants to’’ after ‘‘contracts with’’. 1983—Pub. L. 98–132, § 2(a)(1)(A), inserted ‘‘The Henry M. Jackson’’ before ‘‘Foundation’’ in section catchline. Subsec. (a). Pub. L. 98–132, § 2(a)(1)(B), inserted ‘‘Henry M. Jackson’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 98–132, § 1, Oct. 17, 1983, 97 Stat. 849, provided: ‘‘That (a) the Foundation for the Advancement of Mili- tary Medicine established pursuant to section 178 of title 10, United States Code, shall be designated and hereafter known as the ‘Henry M. Jackson Foundation for the Advancement of Military Medicine’, in honor of the late Henry M. Jackson, United States Senator from the State of Washington. Any reference to the Founda- tion for the Advancement of Military Medicine in any law, regulation, document, record, or other paper of the United States shall be held and considered to be a ref- erence to the ‘Henry M. Jackson Foundation for the Advancement of Military Medicine’. ‘‘(b) The Council of Directors referred to in sub- section (c) of section 178 of such title shall take such action as is necessary under the Corporations and Asso- ciations Articles of the State of Maryland to amend the corporate name of the Foundation for the Advancement of Military Medicine established under such section to reflect the designation made by the first sentence of subsection (a).’’ EFFECTIVE DATE OF 2019 AMENDMENT; CONSTRUCTION Pub. L. 116–92, div. A, title VII, § 733(c), Dec. 20, 2019, 133 Stat. 1461, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section] shall take effect on the date of the enactment of this Act [Dec. 20, 2019]. ‘‘(2) CONSTRUCTION FOR CURRENT MEMBERS.—Nothing in the amendments made by this section shall be con- strued to terminate or otherwise alter the appointment or term of service of members of the Henry M. Jackson Foundation for the Advancement of Military Medicine who are so serving on the date of the enactment of this Act pursuant to an appointment under paragraph (1)(C) or (2) of section 178(c) of title 10, United States Code, made before that date.’’ § 179. Nuclear Weapons Council (a) ESTABLISHMENT; MEMBERSHIP.—There is a Nuclear Weapons Council (hereinafter in this