The Director must be an officer junior in grade to each member of the Joint Chiefs of Staff. (c) The Joint Staff shall perform such duties as the Joint Chiefs of Staff or the Chairman prescribes. The Chairman of the Joint Chiefs of Staff manages the Joint Staff and its Director, on behalf of the Joint Chiefs of Staff. (d) The Joint Staff shall not operate or be organized as an overall Armed Forces General Staff and shall have no executive authority. The Joint Staff may be organized and may operate along conventional staff lines to support the Joint Chiefs of Staff in discharging their assigned responsibilities. (Aug. 10, 1956, ch. 1041, 70A Stat. 7; Aug. 6, 1958, Pub. L. 85-599, § 5(a), 72 Stat. 517.) HISTORICAL AND REVISION NOTES In subsection (a), the enumeration of the services is substituted for the words "each of the three armed services". In subsections (a) and (b), the words "selected" and "select" are substituted for the words "appointed" and "appoint", respectively, since the filling of the position involved is not an appointment in the constitutional sense. In subsection (c), the words "are hereby transferred", in section 1(d) of 1953 Reorganization Plan No. 6, are omitted as executed. AMENDMENTS 1958-Subsec. (a). Pub. L. 85-599 increased the number of officers on the Joint Staff from 210 to 400, limited the tenure of duty, except in time of war, to three years, and inserted provisions covering reassignment of officers. Subsec. (b). Pub. L. 85-599 permitted the Chairman to select the Director, after consulting with the Joint Chiefs of Staff and upon approval of the Secretary, and, except in time of war, limited the tenure of the Director to three years and prohibited reassignment to the Joint Staff. Subsec. (c). Pub. L. 85-599 substituted "The Joint Staff shall perform such duties as the Joint Chiefs of Staff or the Chairman prescribes" for "The Joint Staff, operating under the Director, shall perform such duties as the Joint Chiefs of Staff direct", and inserted "on behalf of the Joint Chiefs of Staff" following "Director,”. Subsec. (d). Pub. L. 85-599 added subsec. (d). § 171. Armed Forces Policy Council (a) There is in the Department of Defense an Armed Forces Policy Council consisting of— (1) the Secretary of Defense, as Chairman, with the power of decision; (2) the Deputy Secretary of Defense; (5) the Secretary of the Air Force; (6) the Under Secretaries of Defense; (7) the Chairman of the Joint Chiefs of Staff; (8) the Chief of Staff of the Army; (b) The Armed Forces Policy Council shall advise the Secretary of Defense on matters of broad policy relating to the armed forces and shall consider and report on such other matters as the Secretary of Defense may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 8; Aug. 6, 1958, Pub. L. 85-599, § 9(c), 72 Stat. 521; Oct. 27, 1972, Pub. L. 92-596, § 5, 86 Stat. 1318; Oct. 21, 1977, Pub. L. 95-140, § 3(b), 91 Stat. 1173.) 1977-Subsec. (a)(2). Pub. L. 95-140, § 3(b)(1), substituted "the Deputy" for "a Deputy". Subsec. (a)(6). Pub. L. 95-140, § 3(b)(2), substituted "the Under Secretaries of Defense;" for "the Director of Defense Research and Engineering;". 1972-Subsec. (a)(2). Pub. L. 92-596 substituted "a Deputy Secretary" for "the Deputy Secretary". 1958-Subsec. (a)(6). Pub. L. 85-599 added subsec. (a)(6) and redesignated former subsec. (a)(6) as (a)(7). Subsecs. (a)(7) to (a)(10). Pub. L. 85-599 redesignated former subsecs. (a)(6) to (a)(9) as (a)(7) to (a)(10), respectively. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3034, 8034 of this title. § 172. Ammunition storage board (a) The Secretaries of the military departments, acting through a joint board of officers selected by them, shall keep informed on stored supplies of ammunition and components thereof for use of the Army, Navy, Air Force, and Marine Corps, with particular regard to keeping those supplies properly dispersed and stored and to preventing hazardous conditions from arising to endanger life and property inside or outside of storage reservations. (b) The board shall confer with and advise the Secretaries of the military departments in carrying out the recommendations in House Document No. 199 of the Seventieth Congress. (Aug. 10, 1956, ch. 1041, 70A Stat. 8.) (a) The Secretary of Defense may establish such advisory committees and employ such part-time advisers as he considers necessary for the performance of his functions and those of the agencies under his control. (b) A person who serves as a member of a committee 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 advisers may serve without compensation or may be paid not more than $50 for each day of service, as the Secretary determines. (Aug. 10, 1956, ch. 1041, 70A Stat. 8; Nov. 2, 1966, Pub. L. 89-718, § 2, 80 Stat. 1115.) HISTORICAL AND REVISION NOTES TERMINATION OF ADVISORY COMMITTEES Advisory Committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the twoyear period following Jan. 5, 1973, unless, in the case of a committee established by the President or an offi cer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law, see section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, set out in the Appendix to Title 5, Government Organization and Employees. § 174. Advisory personnel: research and development (a) The Secretary of each military department may establish such advisory committees and panels as are necessary for the research and development activities of his department and may 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 advisers may serve without compensation or may be paid not more than $50 for each day of service, as the Secretary concerned determines. (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.) HISTORICAL AND REVISION NOTES 173(a)...... 5:171j(a) (1st sentence. tence, as applicable to Secretary of Defense). 173(c)......... 5:171j(b) (as applicable to Secretary of Defense). July 26, 1947. ch. 343, § 303 (as applicable to Secretary of Defense); Aug. 10, 1949, ch. 412, § 10(c) (as applicable to Secretary of Defense); Sept. 3, 1954, ch. 1263, § 8 (as applicable to Secretary of Defense), 68 Stat. 1228. In subsection (a), the words "consistent with other provisions of sections 171-171n, 172-172j, 181-1, 181-2, 411a, 411b, and 626-626d of this title and sections 401-405 of Title 50" are omittel as surplusage. The word "establish" is substituted for the word "appoint". since the filling of the position involved is not appointment to an office in the constitutional sense. In subsection (b), the word "Secretary" is substituted for the words "appointing authority". In subsection (c), the words "as a part-time adviser" are substituted for the words "in any other part-time capacity for a department or agency" to conform to subsections (a) and (b). AMENDMENTS 1966-Subsec. (c). Pub. L. 89-718 repealed subsec. (c) which provided that sections 281, 283, and 284 of title 18 did not apply to a person because of his service on a committee or as a part-time advisor under subsec. (a) of this section unless the unlawful act related to a matter directly involving a department or agency which he was advising or to a matter in which that department or agency was directly interested. 5:628b (less 1st sen tence). 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 substituted for the words "appointing authority". TERMINATION OF ADVISORY COMMITTEES Advisory Committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the twoyear 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 two-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law, see section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, set out in the Appendix to Title 5, Government Organization and Employees. § 175. Reserve Forces Policy Board (a) There is in the Office of the Secretary of Defense a Reserve Forces Policy Board consisting of (1) a civilian chairman appointed by the Secretary of Defense; (2) the Assistant Secretary of the Army for Manpower and Reserve Affairs, the Assistant Secretary of the Navy for Manpower and Reserve Affairs, and the Assistant Secretary of the Air Force for Manpower and Reserve Affairs; (3) an officer of the Regular Army designated by the Secretary of the Army; (4) an officer of the Regular Navy or Regular Marine Corps designated by the Secretary of the Navy; (5) an officer of the Regular Air Force designated by the Secretary of the Air Force; (6) four reserve officers designated by the Secretary of Defense upon the recommendation of the Secretary of the Army, two of whom must be members of the Army National Guard of the United States, and two of whom must be members of the Army Reserve; (7) four reserve officers designated by the Secretary of Defense upon the recommendation of the Secretary of the Navy, two of whom must be members of the Naval Reserve, and two of whom must be members of the Marine Corps Reserve; (8) four reserve officers designated by the Secretary of Defense upon the recommendation of the Secretary of the Air Force, two of whom must be members of the Air National Guard of the United States, and two of whom must be members of the Air Force Reserve; and (9) a reserve officer of the Army, Navy, Air Force, or Marine Corps who is a general officer or flag officer designated by the Chairman of the Board with the approval of the Secretary of Defense, and who serves without vote as military adviser to the Chairman and as executive officer of the Board. (b) Whenever the Coast Guard is not operating as a service in the Navy, the Secretary of Transportation may designate an officer of the Regular Coast Guard or the Coast Guard Reserve to serve as a voting member of the Board. (c) The Board, acting through the Assistant Secretary of Defense for Manpower and Reserve Affairs is the principal policy adviser to the Secretary of Defense on matters relating to the reserve components. (d) This section does not affect the committees on reserve policies prescribed by section 3033, 5251, 5252, or 8033 of this title. (e) A member of a committee or board prescribed under a section listed in subsection (d) may, if otherwise eligible, be a member of the Reserve Forces Policy Board. (f) The Board shall act on those matters referred to it by the Chairman and, in addition, on any matter raised by a member of the Board. (Aug. 10, 1956, ch. 1041, 70A Stat. 9; Dec. 1, 1967, Pub. L. 90-168, § 2(3), (4), 81 Stat. 521.) In subsection (a), the word "are" is substituted for the words "is established", to make clear the continuing authority of the organization established by the source statute. Clauses (3), (4), and (5) are substituted 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 constitutional offices. In subsection (b), the words "Regular Coast Guard or Coast Guard Reserve" are substituted for the words "Regular or Reserve * Coast Guard". AMENDMENTS 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 Assistant Secretary of the Air Force for Manpower and Reserve Affairs" for "the Secretary, the Under Secretary, or an Assistant Secretary designated under section 264(b) of this title, of each of the military departments". Subsec. (b). Pub. L. 90-168, § 2(4), substituted "Secretary of Transportation" for "Secretary of the Treasury" as the Secretary empowered to designate officers to serve on the Board and substituted "serve as a voting 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 "Assistant Secretary of Defense for Manpower and Reserve Affairs" for "Assistant Secretary of Defense designated under section 264(a) of this title". Subsec. (d). Pub. L. 90-168, § 2(4), added references to sections 5251 and 5252 of this title. Air Reserve Forces policy committee, see section 8033 of this title. Army Reserve Forces policy committee, see section 3033 of this title. Marine Corps Reserve Policy Board, see section 5252 of this title. Naval Reserve Policy Board, see section 5251 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 641 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 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 In stitute 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 Veterans' Administration, 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. (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, § 811(b), July 14, 1976, 90 Stat. 933, and amended Pub. L. 96-513, title V, § 511(6), Dec. 12, 1980, 94 Stat. 2920.) AMENDMENTS 1980-Subsec. (a)(3). Pub. L. 96-513, § 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, § 511(6)(B), added "of this title" following "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 an Effective Date of 1980 Amendment note under section 101 of this title. 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." § 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 this 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 Forces 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 conduct 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 § 191. Unauthorized use of Defense Intelligence Agency name, initials, or seal (a) No person may, except with the written permission of the Secretary of Defense, knowingly use the words "Defense Intelligence Agency", the initials "DIA", the seal of the Defense Intelligence Agency, or any colorable imitation of such words, initials or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use in approved, endorsed, or authorized by the Secretary of Defense. 1 (b) Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other actions as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. (Added Pub. L. 97-269, title V, § 501(a), Sept. 27, 1982, 96 Stat. 1145.) EFFECTIVE DATE Section 703 of title VII of Pub. L. 97-269 provided that: "The provisions of titles IV and V [enacting this section and amending section 403c of Title 50, War and National Defense] and of this title [which, except for enacting this note was not classified to the Code] shall become effective upon the date of the enactment of this Act [Sept. 27, 1982)." 'So in original. Probably should be "is". |