
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC173]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
               CHAPTER 7--BOARDS, COUNCILS, AND COMMITTEES
 
Sec. 173. Advisory personnel

    (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 shall (except as otherwise specifically authorized by 
law) serve without compensation for such service.

(Aug. 10, 1956, ch. 1041, 70A Stat. 8; Pub. L. 89-718, Sec. 2, Nov. 2, 
1966, 80 Stat. 1115; Pub. L. 104-106, div. A, title X, Sec. 1061(e)(1), 
Feb. 10, 1996, 110 Stat. 443.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
173(a)................................  5:171j(a) (1st sentence, as          Ju
ly 26, 1947, ch. 343, Sec.  303
                                         applicable to Secretary of           (
as applicable to Secretary of
                                         Defense).                            D
efense); Aug. 10, 1949, ch. 412,
173(b)................................  5:171j(a) (less 1st sentence, as      S
ec.  10(c) (as applicable to
                                         applicable to Secretary of           S
ecretary of Defense); Sept. 3,
                                         Defense).                            1
954, ch. 1263, Sec.  8 (as
173(c)................................  5:171j(b) (as applicable to           a
pplicable to Secretary of
                                         Secretary of Defense).               D
efense), 68 Stat. 1228.
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---------------------------------

    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 omitted 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

    1996--Subsec. (b). Pub. L. 104-106 substituted ``Other members and 
part-time advisers shall (except as otherwise specifically authorized by 
law) serve without compensation 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 determines.''
    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.


                   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 14 of Pub. L. 92-463, Oct. 6, 
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government 
Organization and Employees.
