
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(a)(4)]
[CITE: 10USC176]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
               CHAPTER 7--BOARDS, COUNCILS, AND COMMITTEES
 
Sec. 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 this 
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 and Human Services for 
Health, the Surgeons General of the Army, Navy, and Air Force, the Chief 
Medical Director of the Department of Veterans Affairs, and a former 
Director of the Institute, as designated by the Secretary 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 of this title) 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. 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.
    (d) The Secretary of Defense shall promulgate such regulations as 
may be necessary to prescribe the organization, functions, and 
responsibilities of the Institute.

(Added Pub. L. 94-361, title VIII, Sec. 811(b), July 14, 1976, 90 Stat. 
933; amended Pub. L. 96-513, title V, Sec. 511(6), Dec. 12, 1980, 94 
Stat. 2920; Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(1), Nov. 
29, 1989, 103 Stat. 1602; Pub. L. 103-160, div. A, title VII, Sec. 733, 
Nov. 30, 1993, 107 Stat. 1697; Pub. L. 104-106, div. A, title IX, 
Sec. 903(f)(1), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104-201, div. A, 
title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617.)


                               Amendments

    1996--Subsec. (a)(3). Pub. L. 104-106, Sec. 903(a), (f)(1), which 
directed amendment of subsec. (a)(3), eff. Jan. 31, 1997, by 
substituting ``official in the Department of Defense 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 ``Department of 
Veterans Affairs'' for ``Veterans' Administration''.
    1980--Subsec. (a)(3). Pub. L. 96-513, Sec. 511(6)(A), substituted 
``Secretary of Health and Human Services'' for ``Secretary of Health, 
Education, and Welfare''.
    Subsec. (b)(1)(A). Pub. L. 96-513, Sec. 511(6)(B), inserted ``of 
this title'' after ``177''.


                    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.


                 National Museum of Health and Medicine

    Pub. L. 103-337, div. A, title X, Sec. 1067, Oct. 5, 1994, 108 Stat. 
2851, as amended by Pub. L. 105-78, title VII, Sec. 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 located at Walter Reed 
    Medical Center; and
        ``(2) to designate the public facility of the Armed Forces 
    Institute of Pathology as the National Museum 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

    Section 811(a) of Pub. L. 94-361 provided that:
    ``(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.''
