10 U.S.C. § 175 — Reserve Forces Policy Board

Page 262 TITLE 10—ARMED FORCES § 175 employ such part-time advisers as he considers necessary to carry out those activities. (b) A person who serves as a member of such a committee or panel may not be paid for that service while holding another position or office under the United States for which he receives compensation. Other members and part-time ad- visers shall (except as otherwise specifically au- thorized by law) serve without compensation for such service. (c) The Secretary concerned may delegate any authority under this section to— (1) the Under Secretary of his department; (2) an Assistant Secretary of his department; or (3) the chief, and one assistant to the chief, of any technical service, bureau, or office. (Aug. 10, 1956, ch. 1041, 70A Stat. 9; Pub. L. 104–106, div. A, title X, § 1061(e)(1), Feb. 10, 1996, 110 Stat. 443.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 174(a) ...... 5:235b (1st sentence). 5:475g (1st sentence). 5:628b (1st sentence). July 16, 1952, ch. 882, §§ 1, 7 (as applicable to § 1), 66 Stat. 725, 726. 174(b) ...... 5:235b (less 1st sentence). 5:475g (less 1st sentence). 5:628b (less 1st sentence). 174(c) ...... 5:235h (as applicable to 5:235b). 5:475m (as applicable to 5:475g). 5:628h (as applicable to 5:628b). In subsection (a), the words ‘‘the conduct of’’ are omitted as surplusage. In subsection (b), the words ‘‘or panel’’ are inserted for clarity. The words ‘‘Secretary concerned’’ are sub- stituted for the words ‘‘appointing authority’’. Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–106 substituted ‘‘Other members and part-time advisers shall (except as other- wise specifically authorized by law) serve without com- pensation for such service.’’ for ‘‘Other members and part-time advisers may serve without compensation or may be paid not more than $50 for each day of service, as the Secretary concerned determines.’’ Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organiza- tion and Employees. § 175. Reserve Forces Policy Board There is in the Office of the Secretary of De- fense a Reserve Forces Policy Board. The func- tions, membership, and organization of that board are set forth in section 10301 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 9; Pub. L. 90–168, § 2(3), (4), Dec. 1, 1967, 81 Stat. 521; Pub. L. 98–94, title XII, § 1212(b), Sept. 24, 1983, 97 Stat. 687; Pub. L. 98–525, title XIII, § 1306, title XIV, § 1405(4), Oct. 19, 1984, 98 Stat. 2613, 2622; Pub. L. 98–557, § 21, Oct. 30, 1984, 98 Stat. 2870; Pub. L. 99–433, title V, § 531(a)(1), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 103–337, div. A, title IX, § 921, title XVI, § 1661(b)(3), Oct. 5, 1994, 108 Stat. 2829, 2981.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 175(a) ...... 175(b) ...... 175(c) ...... 175(d) ...... 175(e) ...... 50:1008(a). 50:1008(b). 50:1008(c). 50:1008(d) (less proviso). 50:1008(d) (proviso). July 9, 1952, ch. 608, § 257 (less (e)), 66 Stat. 497. In subsection (a), the word ‘‘are’’ is substituted for the words ‘‘is established’’, to make clear the con- tinuing authority of the organization established by the source statute. Clauses (3), (4), and (5) are sub- stituted for 50:1008(a)(iii) for clarity. In clauses (6), (7), (8), and (9), the word ‘‘designated’’ is substituted for the word ‘‘appointed’’, in 50:1008(iv), (v), (vi), and (vii), to make it clear that the positions described are not con- stitutional offices. In subsection (b), the words ‘‘Regular Coast Guard or Coast Guard Reserve’’ are substituted for the words ‘‘Regular or Reserve * * * Coast Guard’’. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337, § 1661(b)(3), amended section generally, substituting single undesignated par. for former subsecs. (a) to (f) relating to establishment, composition, functions, and powers of Reserve Forces Policy Board. Subsec. (a)(4). Pub. L. 103–337, § 921(1), substituted ‘‘and an officer of the Regular Marine Corps each’’ for ‘‘or Regular Marine Corps’’. Subsec. (a)(10). Pub. L. 103–337, § 921(2)–(4), added par. (10). 1986—Subsec. (d). Pub. L. 99–433 substituted ‘‘3021’’ and ‘‘8021’’ for ‘‘3033’’ and ‘‘8033’’, respectively. 1984—Subsec. (b). Pub. L. 98–557 substituted ‘‘Regular or Reserve, to serve as voting members’’ for ‘‘regular or reserve, to serve as a voting member’’. Pub. L. 98–525, § 1306, substituted ‘‘two officers of the Coast Guard, regular or reserve’’ for ‘‘an officer of the Regular Coast Guard or the Coast Guard Reserve’’. Subsec. (c). Pub. L. 98–525, § 1405(4), inserted a comma following ‘‘Reserve Affairs’’. 1983—Subsec. (c). Pub. L. 98–94 substituted ‘‘Assistant Secretary of Defense for Reserve Affairs’’ for ‘‘Assist- ant Secretary of Defense for Manpower and Reserve Af- fairs’’. 1967—Subsec. (a)(2). Pub. L. 90–168, § 2(3), substituted ‘‘the Assistant Secretary of the Army for Manpower and Reserve Affairs, the Assistant Secretary of the Navy for Manpower and Reserve Affairs, and the Assist- ant Secretary of the Air Force for Manpower and Re- serve Affairs’’ for ‘‘the Secretary, the Under Secretary, or an Assistant Secretary designated under section 264(b) of this title, of each of the military depart- ments’’. Subsec. (b). Pub. L. 90–168, § 2(4), substituted ‘‘Sec- retary of Transportation’’ for ‘‘Secretary of the Treas- ury’’ as the Secretary empowered to designate officers to serve on the Board and substituted ‘‘serve as a vot- ing member’’ for ‘‘serve without vote as a member’’ in the description of the officer’s service on the Board. Subsec. (c). Pub. L. 90–168, § 2(4), substituted ‘‘Assist- ant Secretary of Defense for Manpower and Reserve Af- fairs’’ for ‘‘Assistant Secretary of Defense designated under section 264(a) of this title’’. Subsec. (d). Pub. L. 90–168, § 2(4), inserted references to sections 5251 and 5252 of this title. Subsec. (e). Pub. L. 90–168, § 2(4), substituted ‘‘member of a committee or board prescribed under a section list- Page 263 TITLE 10—ARMED FORCES § 176 ed in subsection (d)’’ for ‘‘member of a committee under section 3033 or 8033 of this title’’. Subsec. (f). Pub. L. 90–168, § 2(4), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 1661(b)(3) of Pub. L. 103–337 ef- fective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–94 effective Oct. 1, 1983, see section 1212(e) of Pub. L. 98–94 set out as a note under section 138 of this title. EFFECTIVE DATE OF 1967 AMENDMENT For effective date of amendment by Pub. L. 90–168, see section 7 of Pub. L. 90–168, set out as a note under section 138 of this title. § 176. Armed Forces Institute of Pathology (a)(1) There is in the Department of Defense an Institute to be known as the Armed Forces In- stitute of Pathology (hereinafter in this section referred to as the ‘‘Institute’’), which has the re- sponsibilities, functions, authority, and rela- tionships set forth in this section. The Institute shall be a joint entity of the three military de- partments, 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 Af- fairs, 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 Under Secretary for Health of the Department of Veterans Affairs, and a former Director of the Institute, as designated by the Secretary of De- fense, 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 med- ical research, consultation, and education be- tween 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 Amer- ican Registry of Pathology such space, facili- ties, equipment, and support services within the Institute as the Board of Governors deems necessary for the accomplishment of their mu- tual cooperative enterprises; and (C) contract with the American Registry of Pathology for the services of such profes- sional, technical, or clerical personnel as are necessary to fulfill their cooperative enter- prises. (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 ap- proval of the Board of Governors, to enter into agreements with the American Registry of Pa- thology 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 Insti- tute in education, consultation, and research. Such pathologists or scientists may be ap- pointed by the Director to administrative posi- tions within the components or subcomponents of the Institute and may be authorized by the Director to exercise any or all professional du- ties within the Institute, notwithstanding any other provision of law. The Secretary of De- fense, on a case-by-case basis, may waive the limitation on the number of distinguished pa- thologists 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 pre- scribe the organization, functions, and respon- sibilities of the Institute. (Added Pub. L. 94–361, title VIII, § 811(b), July 14, 1976, 90 Stat. 933; amended Pub. L. 96–513, title V, § 511(6), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 103–160, div. A, title VII, § 733, Nov. 30, 1993, 107 Stat. 1697; Pub. L. 104–106, div. A, title IX, § 903(f)(1), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 107–107, div. A, title X, § 1048(a)(4), Dec. 28, 2001, 115 Stat. 1222.) Editorial Notes AMENDMENTS 2001—Subsec. (a)(3). Pub. L. 107–107 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Direc- tor’’. 1996—Subsec. (a)(3). Pub. L. 104–106, § 903(a), (f)(1), which directed amendment of subsec. (a)(3), eff. Jan. 31, 1997, by substituting ‘‘official in the Department of De- fense 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 ‘‘De- partment of Veterans Affairs’’ for ‘‘Veterans’ Adminis- tration’’. 1980—Subsec. (a)(3). Pub. L. 96–513, § 511(6)(A), sub- stituted ‘‘Secretary of Health and Human Services’’ for ‘‘Secretary of Health, Education, and Welfare’’. Subsec. (b)(1)(A). Pub. L. 96–513, § 511(6)(B), inserted ‘‘of this title’’ after ‘‘177’’. Statutory Notes and Related Subsidiaries 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.