Pub. L. 94-361, tit. VIII, sec. 811

Sec. 811. (a) (1) The Congress hereby finds and declares that— (A) the Armed Forces Institute of Pathology offers unique pathologic support to national and international medicine; (B) the Institute contains the Nation’s most comprehensive 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 activities in serving both the military and civilian sectors in education, consultation, and research in the medical, dental, and veterinary sciences. (2) The Congress further finds and declares that beneficial 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. (b) Chapter 7 of title 10, United States Code, is amended by adding at the end thereof the following new sections: “§ 176. Armed Forces Institute of Pathology “(a) (1) There is in the Department of Defense an Institute to be known as the Armed Forces Institute of Pathology (hereinafter in 90 STAT. 934this section referred to as the ‘Institute’), which has the responsibilities, functions, authority, and relationships set forth in this section. The Institute shall be a joint entity of the three military departments, 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 Affairs, who shall serve as chairman of the Board of Governors, the Assistant Secretary of Health, Education, and Welfare for Health, the Surgeons General of the Army, Navy’, and Air Force, the Chief Medical Director of the Veterans’ Administration, and a former Director of the Institute, as designated by the Secretary7 of Defense, 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) for cooperative enterprises in medical research, consultation, and education between 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 American Registry of Pathology such space, facilities, equipment, and support services within the Institute as the Board of Governors deems necessary for the accomplishment of their mutual cooperative enterprises; and “(C) contract with the American Registry of Pathology for the services of such professional, technical, or clerical personnel as are necessary to fulfill their cooperative enterprises. “(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 approval of the Board of Governors, to enter into agreements with the American Registry of Pathology 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 Institute in education, consultation, and research. Such pathologists or scientists may be appointed by the Director to administrative positions within the components or subcomponents of the Institute and may be authorized by the Director to exercise any or all professional duties within the Institute, notwithstanding any other provision of law. “(d) The Secretary of Defense shall promulgate such regulations as may be necessary to prescribe the organization, functions, and responsibilities of the Institute. “§ 177. American Registry of Pathology “(a) (1) There is authorized to be established a nonprofit corporation to be known as the American 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 90 STAT. 935this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–1001 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 representatives of those professional societies and organizations which sponsor individual registries of pathology at the Armed Fences Institute of Pathology, of whom one shall be elected annually by the Board to serve as chairman. Each such sponsor shall appoint one member to the Board for a term of four years. “(3) The American Registry of Pathology shall have a Director, who shall be appointed by the Board with the concurrence of the Director of the Armed Forces Institute of Pathology, 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 District 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 office 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) a member whose term has expired may serve until his successor has qualified. No member shall be eligible to serve more than two consecutive 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 the Armed Forces Institute of Pathology for the provision of such services and personnel as may be necessary to carry out their cooperative enterprises; “(2) enter into contracts with public and private organizations for the writing, editing, printing, and publishing of fascicles of tumor pathology, atlases, and other material; “(3) accept gifts and grants from and enter into contracts with individuals, private foundations, professional societies, institutions, and governmental agencies; “(4) enter into agreements with professional societies for the establishment and maintenance of Registries of Pathology; and “(5) serve as a focus for the interchange between military and civilian pathology and encourage the participation of medical, dental, and veterinary sciences in pathology for the mutual benefit, of military and civilian medicine. “(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 90 STAT. 936conduct the activities of the American Registry of Pathology; and “(2) charge such fees for professional services as the Board deems reasonable and appropriate. “(d) The American Registry of Pathology may transmit to the Director and the Board of Governors of the Armed Forces Institute of Pathology and to the sponsors referred to in subsection (a) (2) annually, and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments.”. (c) The table of sections at the beginning of chapter 7 of title 10, United States Code, is amended by adding at the end thereof the following: “178. Armed Forces Institute of Pathology. “177. American Registry of Pathology.”.