An act to amend title 10, United States Code, to establish a Foundation for the Advancement of Military Medicine, and for other purposes.
PL 98-36 (S.653), enacted 05/27/1983

97 STAT. 200 
PUBLIC LAW 98-36—MAY 27, 1983 
Public Law 98-36 
98th Congress 
May 27, 1983 
[S. 653] 
Foundation 
for the 
Advancement of 
Military 
Medicine Act of 
1983 
10 use 171 note. 
10 use 178. 
Membership. 
Term of office. 
An Act 
To amend title 10, United States Code, to establish a Foundation for the Advance-
ment of Military Medicine, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Foundation for the Advancement of Military Medi-
cine Act of 1983". 
SEC. 2. (a) Chapter 7 of title 10, United States Code, is amended by 
adding at the end thereof the following new section: 
*'§178. Foundation for the Advancement of Military Medicine 
"(a) There is authorized to be established a nonprofit corporation 
to be known as the 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 Grovernment. The Foundation 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 arrange-
ments with the Uniformed Services University of the Health Sci-
ences, (2) to serve as a focus for the interchange between military 
and civilian medical personnel, and (3) to encourage the participa-
tion of the medical, dental, nursing, veterinary, and other biomedi-
cal sciences in the work of the Foundation for the mutual benefit of 
military and civilian medicine. 
"(cXD The Foundation shall have a Council of Directors (herein-
after in this section referred to as the 'Council') composed o
f
— 
"(A) the Chairmen and ranking minority members of the 
Committees on Armed Services of the Senate and 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 University of the 
Health Sciences, who shall be an ex officio member, and 
"(C) four members appointed by the ex officio members of the 
Council designated in clauses (A) and (B). 
"(2) The term of office of each member of the Council appointed 
under clause (C) of paragraph (1) shall be four years, except that— 
"(A) 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 remainder of such term; 
and 
"(B) the terms of office of members first taking office shall 
expire, as designated 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. 
"(3) The Council shall elect a chairman from among its members. 
PUBLIC LAW 98-36—MAY 27, 1983 
97 STAT. 201 
"(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 the day-to-
day operations of the Foundation and shall have such specific duties 
and responsibilities 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 incorpora-
tors and take whatever actions 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 manner in which the original designation 
or appointment was made. 
"(g) In order to carry out the purposes of this section, the Founda- Contracts. 
tion is authorized to— 
"(1) enter into contracts with the Uniformed Services Univer-
sity of the Health Sciences for the purpose of carrying out 
cooperative enterprises in medical research, medical consulta-
tion, and medical education, including contracts for provision of 
such personnel and services as may be necessary to carry out 
such cooperative enterprises; 
"(2) enter into contracts with public and private 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 Foun-
dation 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 agree-
ments, and other transactions as the Executive Director consid-
ers appropriate to conduct the activities of the Foundation; and 
"(7) charge such fees for professional services furnished by the Fees. 
Foundation as the Executive Director determines reasonable 
and appropriate. 
"(h) A person who is a full-time or part-time employee of the Restriction. 
Foundation may not be an employee (full-time or part-time) of the 
Federal Government. 
"(i) The Council shall transmit to the President annually, and at Report, 
such other times as the Council considers desirable, a report on the 
operations, activities, and accomplishments of the Foundation.". 
(b) The table of sections at the beginning of chapter 7 of such title 
is amended by adding at the end thereof the following new item: 
"178. Foundation for the Advancement of Military Medicine.". 
SEC. 3. Section 2113 of title 10, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(j)(l) The Board also is authorized— 
"(A) to jbnter into contracts with the Foundation for the 
Advancement of Military Medicine established under section 
178 of this title, or with any other nonprofit entity, for the ^"*«' P 200. 
97 STAT. 202 
PUBLIC LAW 98-36—MAY 27, 1983 
purpose of carrying out cooperative enterprises in medical 
research, medical consultation, and medical education; 
"(B) subject to paragraph (2), to make available to the Founda-
tion for the Advancement of Military Medicine, on such terms 
and conditions as the Board determines appropriate, such space, 
facilities, equipment, and support services within the University 
as the Board considers necessary to accomplish cooperative 
enterprises undertaken by such Foundation and the University; 
"(C) subject to paragraph (2), to enter into contracts with the 
Foundation for the Advancement of Military Medicine under 
which the Board may furnish the services of such professional, 
technical, or clerical personnel as may be necessary to fulfill 
cooperative enterprises undertaken by such Foundation and the 
University; 
"(D) to accept, hold, administer, invest, and spend any gift, 
devise, or bequest of personal property made to the University, 
including any gift, devise, or bequest for the support of an 
academic chair, teaching, research, or demonstration project; 
"(E) subject to paragraph (2), to enter into agreements with 
the Foundation for the Advancement of Military Medicine, or 
with any other nonprofit entity, under which scientists or other 
personnel of the Foundation or other entity may be utilized by 
the University for the purpose of enhancing the activities of the 
University in education, research, and technological applica-
tions of knowledge; and 
"(F) to accept the voluntary services of guest scholars and 
other persons. 
"(2) The authority of the Board under clauses (B), (C), and (E) of 
paragraph (1) may be exercised only if— 
"(A) before the Board enters into any arrangement under 
which any space, facility, equipment, or support service is made 
available under clause (B) of such paragraph, before the Board 
enters into any contract under clause (C) of such paragraph, or 
before the Board enters into any agreement under clause (E) of 
such paragraph, it notifies the Committees on Armed Services 
of the Senate and the House of Representatives in writing of the 
proposed arrangement, contract, or agreement, as the case may 
be, the terms and conditions thereof, and, in the case of a 
proposed agreement under clause (E) of paragraph (1), any 
appointments proposed to be made under the authority of para-
graph (4) in connection with the agreement, and 
"(B) a period of fifteen days has elapsed following the date on 
which the notice is received by such committees. 
Contracts, 
"(3) The Board may not enter into any contract with the Founda-
restrictions. 
^ion for the Advancement of Military Medicine, or with any other 
entity, if the contract would obligate the University to make outlays 
in advance of the enactment of budget authority for such outlays. 
"(4) Scientists or other medical personnel utilized by the Univer-
sity under an agreement described in clause (E) of paragraph (1) 
may be appointed to any position within the University and may be 
permitted to perform such duties within the University as the Board 
may approve. 
PUBLIC LAW 98-36~MAY 27, 1983 
97 STAT. 203 
"(5) A person who provides voluntary services under the authority 
of clause (F) of paragraph (1) shall be considered to be an employee 
of the Federal Government for the purposes of chapter 81 of title 5, 5 USC 8101 et 
relating to compensation for work-related injuries, and to be an ^^^ 
employee of the Federal Government for the purposes of chapter 171 
of title 28, relating to tort claims. Such a person who is not other- 28 USC 2671 et 
wise employed by the Federal Government shall not be considered ^^^ 
to be a Federal employee for any other purpose by reason of the 
provision of such services.". 
Approved May 27, 1983. 
LEGISLATIVE HISTORY—S. 653: 
SENATE REPORT No. 98-39 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
Mar. 23, considered and passed Senate. 
May 9, considered and passed House, amended. 
May 12, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 21 (1983): 
May 27, Presidential statement.