2023—Pub. L. 118–31, div. A, title III, §363(1), Dec. 22, 2023, 137 Stat. 233, redesignated item 184 "Joint Safety Council" as 185. Amendment was made pursuant to operation of section 102 of this title.
2022—Pub. L. 117–263, div. A, title III, §311, title X, §1082(a)(2), title XIV, §1411(a), Dec. 23, 2022, 136 Stat. 2500, 2799, 2869, added item 182a and item 184 "Civilian Protection Center of Excellence" and struck out item 187 "Strategic Materials Protection Board". Striking of item 187 was made pursuant to operation of section 102 of this title.
2021—Pub. L. 117–81, div. A, title III, §372(b), Dec. 27, 2021, 135 Stat. 1666, added item 184 "Joint Safety Council".
2019—Pub. L. 116–92, div. A, title VIII, §810(b), title XVII, §1731(a)(10), Dec. 20, 2019, 133 Stat. 1487, 1813, substituted "Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions" for "Military Aviation and Installation Assurance Siting Clearinghouse for review of mission obstructions" in item 183a and struck out item 190 "Defense Cost Accounting Standards Board".
2017—Pub. L. 115–91, div. A, title III, §§311(b)(4), 341(b)(2), Dec. 12, 2017, 131 Stat. 1348, 1361, substituted "Explosive safety board" for "Ammunition storage board" in item 172 and added item 183a.
2016—Pub. L. 114–328, div. A, title VIII, §820(b)(2), title IX, §904(b), title XII, §1241(o)(3), Dec. 23, 2016, 130 Stat. 2276, 2345, 2512, struck out items 184 "Regional Centers for Security Studies" and 185 "Financial Management Modernization Executive Committee" and, effective Oct. 1, 2018, added item 190.
2014—Pub. L. 113–291, div. A, title IX, §901(l)(2), title X, §1071(f)(3), Dec. 19, 2014, 128 Stat. 3468, 3510, struck out item 186 "Defense Business System Management Committee" and inserted period at end of item 189.
2013—Pub. L. 113–66, div. A, title II, §261(b), title X, §1052(a)(2), Dec. 26, 2013, 127 Stat. 725, 861, added items 171a and 189.
Pub. L. 112–239, div. A, title X, §1040(b), Jan. 2, 2013, 126 Stat. 1930, added item 188.
2008—Pub. L. 110–417, [div. A], title X, §1061(a)(3), Oct. 14, 2008, 122 Stat. 4612, inserted period at end of item 183.
Pub. L. 110–181, div. A, title IX, §906(a)(2), Jan. 28, 2008, 122 Stat. 277, added item 183.
2006—Pub. L. 109–364, div. A, title VIII, §843(b), title IX, §904(a)(2), Oct. 17, 2006, 120 Stat. 2339, 2353, substituted "Regional Centers for Security Studies" for "Department of Defense regional centers for security studies" in item 184 and added item 187.
2004—Pub. L. 108–375, div. A, title III, §332(b)(2), Oct. 28, 2004, 118 Stat. 1855, added item 186.
2002—Pub. L. 107–314, div. A, title X, §1041(a)(1)(B), Dec. 2, 2002, 116 Stat. 2645, struck out item 183 "Advisory committees: annual justification required".
2001—Pub. L. 107–107, div. A, title X, §1009(a)(2), Dec. 28, 2001, 115 Stat. 1208, added item 185.
2000—Pub. L. 106–398, §1 [[div. A], title IX, §912(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–229, added item 184.
1997—Pub. L. 105–85, div. A, title III, §382(a)(2), title IX, §904(b), Nov. 18, 1997, 111 Stat. 1711, 1855, added items 182 and 183.
1996—Pub. L. 104–106, div. A, title IX, §905(a)(2), Feb. 10, 1996, 110 Stat. 404, added item 181.
1991—Pub. L. 102–190, div. A, title V, §513(b), Dec. 5, 1991, 105 Stat. 1361, added item 180.
1986—Pub. L. 99–661, div. C, title I, §3137(a)(2), Nov. 14, 1986, 100 Stat. 4066, added item 179.
1983—Pub. L. 98–132, §2(a)(2), Oct. 17, 1983, 97 Stat. 849, inserted "The Henry M. Jackson" before "Foundation" in item 178.
Pub. L. 98–36, §2(b), May 27, 1983, 97 Stat. 201, added item 178.
1976—Pub. L. 94–361, title VIII, §811(c), July 14, 1976, 90 Stat. 936, added items 176 and 177.
(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;
(3) the Under Secretary of Defense for Acquisition and Sustainment;
(4) the Under Secretary of Defense for Research and Engineering;
(5) the Secretary of the Army;
(6) the Secretary of the Navy;
(7) the Secretary of the Air Force;
(8) the Under Secretary of Defense for Policy;
(9) the Deputy Under Secretary of Defense for Acquisition and Technology;
(10) the Deputy Under Secretary of Defense for Research and Engineering;
(11) the Deputy Under Secretary of Defense for Acquisition and Sustainment;
(12) the Chairman of the Joint Chiefs of Staff;
(13) the Chief of Staff of the Army;
(14) the Chief of Naval Operations;
(15) the Chief of Staff of the Air Force;
(16) the Commandant of the Marine Corps; and
(17) the Chief of Space Operations.
(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; Pub. L. 85–599, §9(c), Aug. 6, 1958, 72 Stat. 521; Pub. L. 92–596, §5, Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95–140, §3(b), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 98–94, title XII, §1213, Sept. 24, 1983, 97 Stat. 687; Pub. L. 99–500, §101(c) [title X, §903(e)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–133, and Pub. L. 99–591, §101(c) [title X, §903(e)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–133; Pub. L. 99–661, div. A, title IX, formerly title IV, §903(e), Nov. 14, 1986, 100 Stat. 3912, renumbered title IX, Pub. L. 100–26, §3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103–160, div. A, title IX, §904(d)(1), (3), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, §1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 116–92, div. A, title IX, §902(6), Dec. 20, 2019, 133 Stat. 1543; Pub. L. 116–283, div. A, title IX, §924(b)(8), Jan. 1, 2021, 134 Stat. 3822.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 171(a) 171(b) |
5:171e (less last sentence). 5:171e (last sentence). |
July 26, 1947, ch. 343, §210; restated Aug. 10, 1949, ch. 412, §7(a), 63 Stat. 581. |
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
2021—Subsec. (a)(17). Pub. L. 116–283 added par. (17).
2019—Subsec. (a)(3). Pub. L. 116–92, §902(6)(A), substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".
Subsec. (a)(4) to (16). Pub. L. 116–92, §902(6)(B)–(E), added par. (4), redesignated former pars. (4) to (8) as (5) to (9), respectively, added pars. (10) and (11), and redesignated former pars. (9) to (13) as (12) to (16), respectively.
2001—Subsec. (a)(3). Pub. L. 107–107 substituted "Under Secretary of Defense for Acquisition, Technology, and Logistics" for "Under Secretary of Defense for Acquisition and Technology".
1993—Subsec. (a)(3). Pub. L. 103–160, §904(d)(1), substituted "Under Secretary of Defense for Acquisition and Technology" for "Under Secretary of Defense for Acquisition".
Subsec. (a)(8). Pub. L. 103–160, §904(d)(3), substituted "Deputy Under Secretary of Defense for Acquisition and Technology" for "Deputy Under Secretary of Defense for Acquisition".
1986—Subsec. (a)(3) to (13) Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 amended subsec. (a) identically, redesignating pars. (3) to (11) as (4), (5), (6), (7), (9), (10), (11), (12), and (13), respectively, adding new pars. (3) and (8), and substituting "the Under Secretary of Defense for Acquisition" for "the Under Secretaries of Defense" in par. (7).
1983—Subsec. (a)(11). Pub. L. 98–94 added par. (11).
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) to (10). Pub. L. 85–599 added par. (6) and redesignated former pars. (6) to (9) as (7) to (10), respectively.
Pub. L. 98–36, §1, May 27, 1983, 97 Stat. 200, provided: "That this Act [enacting section 178 of this title and amending section 2113 of this title] may be cited as the 'Foundation for the Advancement of Military Medicine Act of 1983'."
(a)
(b)
(1) The Under Secretary of Defense for Policy.
(2) The Under Secretary of Defense for Acquisition and Sustainment.
(3) The Vice Chairman of the Joint Chiefs of Staff.
(4) The Commander of the United States Strategic Command.
(5) The Director of the National Security Agency.
(6) The Chief Information Officer of the Department of Defense.
(7) The Director of the White House Military Office.
(8) Such other officers of the Department of Defense as the Secretary may designate.
(c)
(d)
(2) In carrying out the responsibility for oversight of the command, control, and communications system as specified in paragraph (1), the Council shall be responsible for the following:
(A) Oversight of performance assessments (including interoperability).
(B) Vulnerability identification and mitigation.
(C) Architecture development (including space system architectures and associated user terminals and ground segments).
(D) Resource prioritization.
(E) Such other responsibilities as the Secretary of Defense shall specify for purposes of this section.
(e)
(1) A description and assessment of the activities of the Council during the previous fiscal year.
(2) A description of the activities proposed to be undertaken by the Council during the period covered by the current future-years defense program under section 221 of this title.
(3) Any changes to the requirements of the command, control, and communications system for the national leadership of the United States made during the previous year, along with an explanation for why the changes were made and a description of the effects of the changes to the capability of the system.
(4) A breakdown of each program element in such budget that relates to the system, including how such program element relates to the operation and sustainment, research and development, procurement, or other activity of the system.
(5) An assessment of the threats and vulnerabilities described in the reports and assessments collected under subsection (f) during the previous year, including any plans to address such threats and vulnerabilities.
(6) An assessment of the readiness of the command, control, and communications system for the national leadership of the United States and of each layer of the system, as that layer relates to nuclear command, control, and communications.
(f)
(g)
(A) whether such budget allows the Federal Government to meet the required capabilities of the command, control, and communications system for the national leadership of the United States during the fiscal year covered by the budget and the four subsequent fiscal years; and
(B) if the Commander determines that such budget does not allow the Federal Government to meet such required capabilities, a description of the steps being taken to meet such required capabilities.
(2) Not later than 30 days after the date on which the Chairman of the Joint Chiefs of Staff receives the assessment of the Commander of the United States Strategic Command under paragraph (1), the Chairman shall submit to the congressional defense committees—
(A) such assessment as it was submitted to the Chairman; and
(B) any comments of the Chairman.
(3) If a House of Congress adopts a bill authorizing or appropriating funds for the activities of the command, control, and communications system for the national leadership of the United States that, as determined by the Council, provides insufficient funds for such activities for the period covered by such bill, the Council shall notify the congressional defense committees of the determination.
(h)
(2) A system described in this paragraph is any of the following:
(A) Advanced extremely high frequency satellites.
(B) The space-based infrared system.
(C) The integrated tactical warning and attack assessment system and its command and control system.
(D) The enhanced polar system.
(3) In this subsection, the terms "Milestone A approval" and "Milestone B approval" have the meanings given such terms in sections 4172(e) and 4251(d) of this title.
(i)
(A) the Secretary of Defense notifies the congressional defense committees of such proposed change and reduction; and
(B) a period of one year elapses following the date of such notification.
(2) Not later than March 1, 2017, and each year thereafter, the Council shall determine whether the integrated tactical warning and attack assessment system and its command and control system have met all warfighter requirements for operational availability, survivability, and endurability. If the Council determines that such systems have not met such requirements, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly submit to the congressional defense committees—
(A) an explanation for such negative determination;
(B) a description of the mitigations that are in place or being put in place as a result of such negative determination; and
(C) the plan of the Secretary and the Chairman to ensure that the Council is able to make a positive determination in the following year.
(j)
(A) the covered acquisition program;
(B) the requirements of the program;
(C) the development timeline of the program; and
(D) the status of the program, including whether the program is delayed and, if so, whether such delay will result in a program schedule delay.
(2) Not later than seven days after the end of each semiannual period, the co-chairs of the Council shall submit to the congressional defense committees a report that identifies, with respect to the reports transmitted to the Council under paragraph (1) for the two quarters in such period—
(A) each covered acquisition program that is delayed more than 180 days; and
(B) any covered acquisition program that should have been included in such reports but was excluded, and the reasons for such exclusion.
(3) In this subsection, the term "covered acquisition program" means each acquisition program of the Department of Defense that materially contributes to—
(A) the nuclear command, control, and communications systems of the United States; or
(B) the continuity of government systems of the United States.
(k)
(1) The President.
(2) The Vice President.
(3) Such other civilian officials of the United States Government as the President shall designate for purposes of this section.
(Added Pub. L. 113–66, div. A, title X, §1052(a)(1), Dec. 26, 2013, 127 Stat. 859; amended Pub. L. 114–92, div. A, title XVI, §1651, Nov. 25, 2015, 129 Stat. 1121; Pub. L. 114–328, div. A, title XVI, §1661, Dec. 23, 2016, 130 Stat. 2613; Pub. L. 115–91, div. A, title X, §1081(a)(13), title XVI, §1654(a)(1), Dec. 12, 2017, 131 Stat. 1595, 1758; Pub. L. 116–92, div. A, title XVI, §1661, Dec. 20, 2019, 133 Stat. 1772; Pub. L. 116–283, div. A, title X, §1081(a)(10), title XVIII, §1845(c)(2), Jan. 1, 2021, 134 Stat. 3871, 4247; Pub. L. 117–81, div. A, title XVII, §§1701(b)(14), 1702(a)(1), Dec. 27, 2021, 135 Stat. 2134, 2155; Pub. L. 117–263, div. A, title XVI, §§1636(c), 1672(a), Dec. 23, 2022, 136 Stat. 2940, 2959.)
2022—Subsec. (b)(7), (8). Pub. L. 117–263, §1672(a), added par. (7) and redesignated former par. (7) as (8).
Subsecs. (h) to (l). Pub. L. 117–263, §1636(c), redesignated subsecs. (i) to (l) as (h) to (k), respectively, and struck out former subsec. (h). Prior to amendment, text of subsec. (h) read as follows:
"(1) The Secretary of Defense shall submit to the congressional defense committees written notification of an anomaly in the nuclear command, control, and communications system for the national leadership of the United States that is reported to the Secretary or the Council by not later than 14 days after the date on which the Secretary or the Council learns of such anomaly, as the case may be.
"(2) In this subsection, the term 'anomaly' means any unplanned, irregular, or abnormal event, whether unexplained or caused intentionally or unintentionally by a person or a system."
2021—Subsec. (i)(1). Pub. L. 116–283, §1081(a)(10), substituted "Acquisition" for "Acquisitions".
Subsec. (i)(3). Pub. L. 117–81, §1702(a)(1), substituted "4251(d)" for "2366a(d)".
Pub. L. 116–283, §1845(c)(2), as amended by Pub. L. 117–81, §1701(b)(14), substituted "sections 4172(e)" for "sections 2366(e)".
2019—Pub. L. 116–92 substituted "and Sustainment" for ", Technology, and Logistics" wherever appearing.
2017—Subsec. (f). Pub. L. 115–91, §1081(a)(13)(A), substituted "(50 U.S.C. 3003(4)))" for "(50 U.S.C. 3003(4))".
Subsec. (i)(3). Pub. L. 115–91, §1081(a)(13)(B), substituted "sections 2366(e) and 2366a(d)" for "section 2366(e)".
Subsecs. (k), (l). Pub. L. 115–91, §1654(a)(1), added subsec. (k) and redesignated former subsec. (k) as (l).
2016—Subsec. (d)(1). Pub. L. 114–328, §1661(a)(1), inserted ", and including with respect to the integrated tactical warning and attack assessment systems, processes, and enablers, and continuity of the governmental functions of the Department of Defense" before period at end.
Subsec. (d)(2)(C). Pub. L. 114–328, §1661(a)(2), inserted "(including space system architectures and associated user terminals and ground segments)" before period at end.
Subsec. (e). Pub. L. 114–328, §1661(c)(1), substituted "During the period preceding January 31, 2021, at the same time each year that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31, and from time to time after such period at the discretion of the Council," for "At the same time each year that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31," in introductory provisions.
Subsec. (e)(6). Pub. L. 114–328, §1661(c)(2), added par. (6).
Subsecs. (i) to (k). Pub. L. 114–328, §1661(b), added subsecs. (i) and (j) and redesignated former subsec. (i) as (k).
2015—Subsec. (e)(5). Pub. L. 114–92, §1651(3), added par. (5).
Subsecs. (f) to (i). Pub. L. 114–92, §1651(1), (2), added subsec. (f) and redesignated former subsecs. (f) to (h) as (g) to (i), respectively.
Amendment by section 1701(b)(14) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.
Amendment by section 1845(c)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Pub. L. 115–91, div. A, title XVI, §1654(a)(2), Dec. 12, 2017, 131 Stat. 1759, provided that: "The Secretary of Defense shall issue a Department of Defense Instruction, or revise such an Instruction, to ensure that program managers carry out subsection (k)(1) of section 171a of title 10, United States Code, as added by paragraph (1)."
For termination, effective Dec. 31, 2021, of provisions in subsecs. (e) and (g)(2) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
Pub. L. 115–91, div. A, title XVI, §1654(b), Dec. 12, 2017, 131 Stat. 1759, provided that:
"(1)
"(2)
"(A) Projected dates for Milestones A, B, and C, including cost thresholds and objectives for major elements of life cycle cost.
"(B) Projected dates for program design reviews and critical design reviews.
"(C) Projected dates for developmental and operation tests.
"(D) Projected dates for initial operational capability and final operational capability.
"(E) An acquisition program baseline.
"(F) Program acquisition unit cost and average procurement unit cost.
"(G) Contract type.
"(H) Key performance parameters.
"(I) Key system attributes.
"(J) A risk register.
"(K) Technology readiness levels.
"(L) Manufacturing readiness levels.
"(M) Integration readiness levels.
"(N) Any other critical elements that affect the stability of the program.
"(3)
"(A) not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017]; and
"(B) upon completion of the database."
(a)
(b)
(c)
(1) To act as the principal executive representative and advisor of the Secretary on explosive and chemical agent safety matters related to Department of Defense military munitions.
(2) To perform the hazard classification approval duties assigned to the chair.
(3) To preside over meetings of the explosive safety board.
(4) To direct the staff of the explosive safety board.
(5) To perform other functions relating to explosives safety management, as directed by the Assistant Secretary of Defense for Sustainment.
(6) To provide impartial and objective advice related to explosives safety management to the Secretary of Defense and the heads of the military departments.
(7) To serve as the principal representative and advisor of the Department of Defense on matters relating to explosives safety management.
(8) To provide assistance and advice to the Under Secretary of Defense for Acquisition and Sustainment and the Deputy Director of Land Warfare and Munitions in munitions acquisition oversight and technology advancement for Department of Defense military munitions, especially in the areas of explosives and chemical agent safety and demilitarization.
(9) To provide assistance and advice to the Assistant Secretary of Defense for Logistics and Material Readiness in sustainment oversight of Department of Defense military munitions, especially in the areas of explosives and chemical agent safety, storage, transportation, and demilitarization.
(10) To develop and recommend issuances to define the functions of the explosive safety board.
(11) To establish joint hazard classification procedures with covered components of the Department.
(12) To make recommendations to the Under Secretary of Defense for Acquisition and Sustainment with respect to explosives and chemical agent safety tenets and requirements.
(13) To conduct oversight of Department of Defense explosive safety management programs.
(14) To carry out such other responsibilities as the Secretary of Defense determines appropriate.
(d)
(1) provide assistance to the chair in carrying out the responsibilities specified in subsection (c); and
(2) carry out such other responsibilities as the chair determines appropriate.
(e)
(2) The chair shall submit to the congressional defense committees an annual report describing the activities conducted at the meetings of the board.
(f)
(1) recommending new and updated explosive and chemical agent safety regulations and standards to the Assistant Secretary of Defense for Energy Installations and Environment for submittal to the Under Secretary of Defense for Acquisition and Sustainment; and
(2) acting as the primary forum for coordination among covered components of the Department on all matters related to explosive safety management.
(g)
(1) The Office of the Secretary of Defense.
(2) The military departments.
(3) The Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands.
(4) The Office of the Inspector General of the Department.
(5) The Defense Agencies.
(6) The Department of Defense field activities.
(7) All other organizational entities within the Department.
(h)
(2) In this subsection, the term "launch vehicle" has the meaning given such term in section 50902(11) of title 51.
(Aug. 10, 1956, ch. 1041, 70A Stat. 8; Pub. L. 104–201, div. A, title IX, §909, Sept. 23, 1996, 110 Stat. 2621; Pub. L. 111–383, div. A, title X, §1075(b)(7), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 115–91, div. A, title III, §341(a), (b)(1), Dec. 12, 2017, 131 Stat. 1361; Pub. L. 115–232, div. A, title III, §351, Aug. 13, 2018, 132 Stat. 1730; Pub. L. 116–283, div. A, title III, §351(a), title IX, §924(b)(2)(A)(ii), Jan. 1, 2021, 134 Stat. 3542, 3821; Pub. L. 118–31, div. A, title XVI, §1601(a), title XVIII, §1801(a)(2), Dec. 22, 2023, 137 Stat. 583, 683.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 172(a) 172(b) |
50:83 (less last sentence). 50:83 (last sentence). |
May 29, 1928, ch. 853 (last par. under "Ordnance Establishment"), 45 Stat. 928. |
In subsection (a), the words "informed on stored" are substituted for the words "advised of storage". The words "particular regard" are substituted for the words "special reference". The words "inside or outside of" are substituted for the words "within or without". The word "selected" is substituted for the word "appointed", since the filling of the position involved is not appointment to an office in the constitutional sense.
In subsection (b), the words "in carrying out" are substituted for the words "in the execution of".
2023—Subsec. (c). Pub. L. 118–31, §1601(a)(1), substituted "Except as provided in subsection (h), the chair" for "The chair" in introductory provisions.
Subsec. (c)(5). Pub. L. 118–31, §1801(a)(2)(A), substituted "perform" for "performs".
Subsec. (c)(11). Pub. L. 118–31, §1801(a)(2)(B), substituted "establish" for "establishes".
Subsec. (c)(13). Pub. L. 118–31, §1801(a)(2)(C), substituted "conduct" for "conducts".
Subsec. (h). Pub. L. 118–31, §1601(a)(2), added subsec. (h).
2021—Subsec. (a). Pub. L. 116–283, §924(b)(2)(A)(ii), substituted "Marine Corps, Space Force," for "Marine Corps,".
Subsecs. (c) to (g). Pub. L. 116–283, §351(a), added subsecs. (c) to (g).
2018—Subsec. (a). Pub. L. 115–23 substituted "Marine Corps, and Coast Guard" for "and Marine Corps" and inserted at end "When the Coast Guard is not operating as a service in the Department of the Navy, the Secretary of Homeland Security shall appoint an officer of the Coast Guard to serve as a voting member of the board."
2017—Pub. L. 115–91, §341(b)(1), substituted "Explosive safety" for "Ammunition storage" in section catchline.
Pub. L. 115–91, §341(a)(1)–(8), designated existing provisions as subsec. (a) and inserted heading, inserted "that includes members" after "joint board", substituted "selected by the Secretaries of the military departments" for "selected by them", inserted "military" before "officers", "designated as the chair and voting members of the board for each military department" after "officers", and "and other" before "civilian officers", and substituted "as necessary" for "or both" and "provide oversight on storage and transportation of" for "keep informed on stored".
Subsec. (b). Pub. L. 115–91, §341(a)(9), added subsec. (b).
2011—Pub. L. 111–383 struck out subsec. (a) designation before "The Secretaries" and struck out subsec. (b) which read as follows: "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."
1996—Subsec. (a). Pub. L. 104–201 substituted "a joint board selected by them composed of officers, civilian officers and employees of the Department of Defense, or both" for "a joint board of officers selected by them".
Pub. L. 116–283, div. A, title III, §351(b), Jan. 1, 2021, 134 Stat. 3543, provided that: "By not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall take such steps as may be necessary to ensure that the explosive safety board of the Department of Defense, as authorized under section 172 of title 10, United States Code, has a chair who is a military officer and whose responsibilities include the day-to-day management of the explosive safety board and the responsibilities provided in subsection (c) of such section."
(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, §2, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 104–106, div. A, title X, §1061(e)(1), Feb. 10, 1996, 110 Stat. 443.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 173(a) 173(b) 173(c) |
5:171j(a) (1st sentence, as applicable to Secretary of Defense). 5:171j(a) (less 1st sentence, as applicable to Secretary of Defense). 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 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).
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.
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 Organization and Employees.
(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 shall (except as otherwise specifically authorized 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.)
| 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 substituted for the words "appointing authority".
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 concerned determines."
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 Organization and Employees.
There is in the Office of the Secretary of Defense a Reserve Forces Policy Board. The functions, 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.)
| 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 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".
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 "Assistant Secretary of Defense for Manpower and Reserve Affairs".
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), 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 listed 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).
Amendment by section 1661(b)(3) of Pub. L. 103–337 effective 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.
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.
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.
(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 Under Secretary for Health 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, §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.)
2001—Subsec. (a)(3). Pub. L. 107–107 substituted "Under Secretary for Health" for "Chief Medical Director".
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 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, §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), inserted "of this title" after "177".
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.
Pub. L. 110–181, div. A, title VII, §722, Jan. 28, 2008, 122 Stat. 199, provided that:
"(a)
"(1) The Secretary of Defense proposed to disestablish all elements of the Armed Forces Institute of Pathology, except the National Medical Museum and the Tissue Repository, as part of the recommendations of the Secretary for the closure of Walter Reed Army Medical Center in the 2005 round of defense base closure and realignment.
"(2) The Defense Base Closure and Realignment Commission altered, but did not reject, the proposal of the Secretary of Defense to disestablish the Armed Forces Institute of Pathology.
"(3) The Commission's recommendation that the Armed Forces Institute of Pathology's 'capabilities not specified in this recommendation will be absorbed into other DOD, Federal, or civilian facilities' provides the flexibility to retain a Joint Pathology Center as a Department of Defense or Federal entity.
"(b)
"(c)
"(1)
"(2)
"(3)
"(d)
"(1) Diagnostic pathology consultation services in medicine, dentistry, and veterinary sciences.
"(2) Pathology education, to include graduate medical education, including residency and fellowship programs, and continuing medical education.
"(3) Diagnostic pathology research.
"(4) Maintenance and continued modernization of the Tissue Repository and, as appropriate, utilization of the Repository in conducting the activities described in paragraphs (1) through (3)."
Pub. L. 103–337, div. A, title X, §1067, Oct. 5, 1994, 108 Stat. 2851, as amended by Pub. L. 105–78, title VII, §702, Nov. 13, 1997, 111 Stat. 1524, provided that:
"(a)
"(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)
Pub. L. 94–361, title VIII, §811(a), July 14, 1976, 90 Stat. 933, 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."
(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. 29–501 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 the professional societies and organizations that support the activities of the American Registry of Pathology, of whom one shall be elected annually by the Board to serve as chairman.
(3) The American Registry of Pathology shall have a Director, who shall be appointed by the Board, 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 public and private organizations for the writing, editing, printing, and publishing of fascicles of tumor pathology, atlases, and other material;
(2) accept gifts and grants from and enter into contracts with individuals, private foundations, professional societies, institutions, and governmental agencies;
(3) enter into agreements with professional societies for the establishment and maintenance of Registries of Pathology; and
(4) 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 annually to its Board and supporting organizations referred to in subsection (a)(2) a comprehensive and detailed report of its operations, activities, and accomplishments.
(Added Pub. L. 94–361, title VIII, §811(b), July 14, 1976, 90 Stat. 934; amended Pub. L. 98–525, title XIV, §1405(5), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 112–239, div. A, title V, §585, Jan. 2, 2013, 126 Stat. 1768.)
The District of Columbia Nonprofit Corporation Act, referred to in subsec. (a)(1), (4), is Pub. L. 87–569, Aug. 6, 1962, 76 Stat. 265, which is not classified to the Code.
2013—Subsec. (a)(2). Pub. L. 112–239, §585(1)(A), substituted "the professional societies and organizations that support the activities of the American Registry of Pathology" for "those professional societies and organizations which sponsor individual registries of pathology at the Armed Forces Institute of Pathology" and struck out at end "Each such sponsor shall appoint one member to the Board for a term of four years."
Subsec. (a)(3). Pub. L. 112–239, §585(1)(B), struck out "with the concurrence of the Director of the Armed Forces Institute of Pathology" after "shall be appointed by the Board".
Subsec. (b). Pub. L. 112–239, §585(2), redesignated pars. (2) to (5) as (1) to (4), respectively, and struck out former par. (1) which read as follows: "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;".
Subsec. (d). Pub. L. 112–239, §585(3), substituted "annually to its Board and supporting organizations referred to in subsection (a)(2)" for "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 it deems desirable,".
1984—Subsec. (a)(1). Pub. L. 98–525 substituted "sec. 29–501" for "sec. 29–1001".
(a) There is authorized to be established a nonprofit corporation to be known as the Henry M. Jackson 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 Government. 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 arrangements with the Uniformed Services University of the Health Sciences, (2) to serve as a focus for the interchange between military and civilian medical personnel, and (3) to encourage the participation of the medical, dental, nursing, veterinary, and other biomedical sciences in the work of the Foundation for the mutual benefit of military and civilian medicine.
(c)(1) The Foundation shall have a Council of Directors (hereinafter in this section referred to as the "Council") composed of—
(A) the Chairmen and ranking minority members of the Committee on Armed Services of the Senate and the Committee on Armed Services of 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) six members, each of whom shall be appointed at the expiration of the term of a member appointed under this subparagraph, as provided for in paragraph (2), by the members currently serving on the Council pursuant to this subparagraph and paragraph (2), including the member whose expiring term is so being filled by such appointment.
(2) The term of office of each member of the Council appointed under clause (C) of paragraph (1) shall be four years, except that 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.
(3) The Council shall elect a chairman from among its members.
(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 incorporators 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 Foundation is authorized to—
(1) enter into contracts with, accept grants from, and make grants to the Uniformed Services University of the Health Sciences for the purpose of carrying out cooperative enterprises in medical research, medical consultation, 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 Foundation 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 agreements, and other transactions as the Executive Director considers appropriate to conduct the activities of the Foundation; and
(7) charge such fees for professional services furnished by the Foundation as the Executive Director determines reasonable and appropriate.
(h) A person who is a full-time or part-time employee of the 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 such other times as the Council considers desirable, a report on the operations, activities, and accomplishments of the Foundation.
(Added Pub. L. 98–36, §2(a), May 27, 1983, 97 Stat. 200; amended Pub. L. 98–132, §2(a)(1), Oct. 17, 1983, 97 Stat. 849; Pub. L. 101–189, div. A, title VII, §726(b)(2), Nov. 29, 1989, 103 Stat. 1480; Pub. L. 104–106, div. A, title XV, §1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 115–232, div. A, title VII, §739, Aug. 13, 2018, 132 Stat. 1822; Pub. L. 116–92, div. A, title VII, §733(a), (b), Dec. 20, 2019, 133 Stat. 1461.)
2019—Subsec. (c)(1)(C). Pub. L. 116–92, §733(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "six members appointed by the ex officio members of the Council designated in clauses (A) and (B)."
Subsec. (c)(2). Pub. L. 116–92, §733(b), substituted "except that any person" for "except that—
"(A) any person",
substituted period at end for "; and", and struck out subpar. (B) which read as follows: "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."
2018—Subsec. (c)(1)(C). Pub. L. 115–232 substituted "six members" for "four members".
1999—Subsec. (c)(1)(A). Pub. L. 106–65 substituted "and the Committee on Armed Services" for "and the Committee on National Security".
1996—Subsec. (c)(1)(A). Pub. L. 104–106 substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and the House of Representatives".
1989—Subsec. (g)(1). Pub. L. 101–189 inserted ", accept grants from, and make grants to" after "contracts with".
1983—Pub. L. 98–132, §2(a)(1)(A), inserted "The Henry M. Jackson" before "Foundation" in section catchline.
Subsec. (a). Pub. L. 98–132, §2(a)(1)(B), inserted "Henry M. Jackson".
Pub. L. 98–132, §1, Oct. 17, 1983, 97 Stat. 849, provided: "That (a) the Foundation for the Advancement of Military Medicine established pursuant to section 178 of title 10, United States Code, shall be designated and hereafter known as the 'Henry M. Jackson Foundation for the Advancement of Military Medicine', in honor of the late Henry M. Jackson, United States Senator from the State of Washington. Any reference to the Foundation for the Advancement of Military Medicine in any law, regulation, document, record, or other paper of the United States shall be held and considered to be a reference to the 'Henry M. Jackson Foundation for the Advancement of Military Medicine'.
"(b) The Council of Directors referred to in subsection (c) of section 178 of such title shall take such action as is necessary under the Corporations and Associations Articles of the State of Maryland to amend the corporate name of the Foundation for the Advancement of Military Medicine established under such section to reflect the designation made by the first sentence of subsection (a)."
Pub. L. 116–92, div. A, title VII, §733(c), Dec. 20, 2019, 133 Stat. 1461, provided that:
"(1)
"(2)
(a)
(1) The Under Secretary of Defense for Acquisition and Sustainment.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Under Secretary for Nuclear Security of the Department of Energy.
(4) The Under Secretary of Defense for Research and Engineering.
(5) The Under Secretary of Defense for Policy.
(6) The Commander of the United States Strategic Command.
(b)
(2) A meeting of the Council shall be chaired by the Under Secretary for Nuclear Security of the Department of Energy whenever the matter under consideration is within the primary responsibility or concern of the Department of Energy, as determined by majority vote of the Council.
(3) The Council shall meet not less often than once every three months. To the extent possible, not later than seven days before a meeting, the Chairman shall disseminate to each member of the Council the agenda and documents for such meeting.
(c)
(2) The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall be the Staff Director of the Council.
(3)(A) Whenever the position of Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs has been vacant a period of more than 6 months, the Secretary of Energy shall designate a qualified individual to serve as acting staff director of the Council until the position of Assistant Secretary is filled.
(B) An individual designated under subparagraph (A) shall possess substantial technical and policy experience relevant to the management and oversight of nuclear weapons programs.
(d)
(1) Preparing the annual Nuclear Weapons Stockpile Memorandum.
(2) Developing nuclear weapons stockpiles options and the costs of such options and alternatives.
(3) Coordinating and approving programming and budget matters pertaining to nuclear weapons programs between the Department of Defense and the Department of Energy.
(4) Identifying various options for cost-effective schedules for nuclear weapons production.
(5) Considering safety, security, and control issues for existing weapons and for proposed new weapon program starts.
(6) Ensuring that adequate consideration is given to design, performance, and cost tradeoffs for all proposed new nuclear weapons programs.
(7) Providing specific guidance regarding priorities for research on nuclear weapons and priorities among activities, including production, surveillance, research, construction, and any other programs within the National Nuclear Security Administration.
(8) Coordinating and approving activities conducted by the Department of Energy for the study, development, production, and retirement of nuclear warheads, including concept definition studies, feasibility studies, engineering development, hardware component fabrication, warhead production, and warhead retirement.
(9) Reviewing proposed capabilities, and, in coordination with the Joint Requirements Oversight Council, establishing and validating performance requirements (as defined in section 181(h) of this title), for nuclear warhead programs.
(10) With respect to nuclear warheads—
(A) reviewing military requirements, performance requirements, and planned delivery schedules to evaluate whether such requirements and schedules create significant risks to cost, schedules, or other matters regarding production, surveillance, research, and other programs relating to nuclear weapons within the National Nuclear Security Administration; and
(B) if any such risk exists, proposing and analyzing adjustments to such requirements and schedules.
(11) Preparing comments on annual proposals for budget levels for research on nuclear weapons and transmitting those comments to the Secretary of Defense and the Secretary of Energy before the preparation of the annual budget requests by the Secretaries of those departments.
(12) Coordinating and approving the annual budget proposals of the National Nuclear Security Administration.
(13) Coordinating risk management efforts between the Department of Defense and the National Nuclear Security Administration relating to the nuclear weapons stockpile, the nuclear security enterprise (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)), and the delivery platforms for nuclear weapons, including with respect to identifying and analyzing risks and proposing actions to mitigate risks.
(e)
(f)
(2)(A) The Council shall review each budget request transmitted by the Secretary of Energy to the Council under section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) and make a determination under subparagraph (B) regarding the adequacy of each such request. Not later than 30 days after making such a determination, the Council shall notify the congressional defense committees that such a determination has been made.
(B)(i) If the Council determines that a budget request for a fiscal year transmitted to the Council under section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) is inadequate, in whole or in part, to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year, the Council shall submit to the Secretary of Energy a written description of funding levels and specific initiatives that would, in the determination of the Council, make the budget request adequate to implement those objectives.
(ii) If the Council determines that a budget request for a fiscal year transmitted to the Council under section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) is adequate to implement the objectives described in clause (i) for that fiscal year, the Council shall submit to the Secretary of Energy a written statement confirming the adequacy of the request.
(iii) The Council shall maintain a record of each description submitted under clause (i) and each statement submitted under clause (ii).
(3) Not later than 30 days after the President submits to Congress the budget for a fiscal year under section 1105(a) of title 31, the Council shall submit to the congressional defense committees a report containing the following:
(A) The results of the assessment conducted under paragraph (1) with respect to that budget.
(B) An evaluation of—
(i) whether the funding requested for the National Nuclear Security Administration in such budget—
(I) enables the Administrator for Nuclear Security to meet requirements relating to nuclear weapons for such fiscal year; and
(II) is adequate to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year; and
(ii) whether the plans and budget reviewed under paragraph (1) will enable the Administrator to meet—
(I) the requirements to produce war reserve plutonium pits under section 4219(a) of such Act (50 U.S.C. 2538a(a)); and
(II) any other requirements under Federal law.
(C) If the evaluation under subparagraph (B)(ii) determines that the plans and budget reviewed under paragraph (1) will not enable the Administrator to meet the requirements to produce war reserve plutonium pits under section 4219(a) of the Atomic Energy Defense Act (50 U.S.C. 2538a(a))—
(i) an explanation for why the plans and budget will not enable the Administrator to meet such requirements; and
(ii) proposed alternative plans, budget, or requirements by the Council to meet such requirements.
(4) If a member of the Council does not concur in any assessment or evaluation under this subsection, the report or other information required to be submitted to the congressional defense committees regarding such assessment or evaluation shall include a written explanation from the non-concurring member describing the reasons for the member's nonconcurrence.
(5)(A) Not later than 30 days after the President submits to Congress the budget for a fiscal year under section 1105(a) of title 31, the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff an assessment of—
(i) whether such budget allows the Federal Government to meet the nuclear stockpile and stockpile stewardship program requirements during the fiscal year covered by the budget and the four subsequent fiscal years; and
(ii) if the Commander determines that such budget does not allow the Federal Government to meet such requirements, a description of the steps being taken to meet such requirements.
(B) Not later than 30 days after the date on which the Chairman of the Joint Chiefs of Staff receives the assessment of the Commander of the United States Strategic Command under subparagraph (A), the Chairman shall submit to the congressional defense committees—
(i) such assessment as it was submitted to the Chairman; and
(ii) any comments of the Chairman.
(6) In this subsection, the term "budget" has the meaning given that term in section 231(f) of this title.
(g)
(A) the dates on which the Council met and the members who attended each meeting; and
(B) except as provided by paragraph (2), a summary of any decisions made by the Council pursuant to subsection (d) at each such meeting and the rationale for and options that informed such decisions.
(2) The Council shall not be required to include in a semiannual update under paragraph (1) the matters described in subparagraph (B) of that paragraph with respect to decisions of the Council relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31 as of the date of the semiannual update.
(3) The Council may provide a semiannual update under paragraph (1) either in the form of a briefing or a written report.
(Added Pub. L. 99–661, div. C, title I, §3137(a)(1), Nov. 14, 1986, 100 Stat. 4065; amended Pub. L. 100–180, div. A, title XII, §1231(2), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 100–456, div. A, title XII, §1233(h), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 102–484, div. C, title XXXI, §3133, Oct. 23, 1992, 106 Stat. 2639; Pub. L. 103–160, div. A, title IX, §904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103–337, div. C, title XXXI, §3152, Oct. 5, 1994, 108 Stat. 3090; Pub. L. 104–106, div. A, title IX, §904(b)(1), title XV, §1502(a)(7), Feb. 10, 1996, 110 Stat. 403, 502; Pub. L. 106–65, div. A, title X, §1067(1), div. C, title XXXI, §3163(a), (c), Oct. 5, 1999, 113 Stat. 774, 944; Pub. L. 106–398, §1 [div. C, title XXXI, §3152(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–464; Pub. L. 107–107, div. A, title X, §1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 107–314, div. D, title XLII, §4213(c), formerly Pub. L. 104–201, div. C, title XXXI, §3159(c), Sept. 23, 1996, 110 Stat. 2842, renumbered §4213(c) of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, §3141(e)(14), Nov. 24, 2003, 117 Stat. 1760; Pub. L. 108–375, div. A, title IX, §902(a)–(d), Oct. 28, 2004, 118 Stat. 2025; Pub. L. 109–364, div. A, title IX, §903, Oct. 17, 2006, 120 Stat. 2351; Pub. L. 111–383, div. A, title IX, §901(j)(1), Jan. 7, 2011, 124 Stat. 4324; Pub. L. 112–239, div. A, title X, §1039, Jan. 2, 2013, 126 Stat. 1927; Pub. L. 113–66, div. A, title X, §§1053, 1091(a)(3), Dec. 26, 2013, 127 Stat. 861, 875; Pub. L. 113–291, div. A, title XVI, §1641, Dec. 19, 2014, 128 Stat. 3648; Pub. L. 114–92, div. A, title X, §1076(a), Nov. 25, 2015, 129 Stat. 997; Pub. L. 115–91, div. A, title X, §1081(a)(14), title XVI, §1653, Dec. 12, 2017, 131 Stat. 1595, 1758; Pub. L. 115–232, div. A, title XVI, §1661, Aug. 13, 2018, 132 Stat. 2152; Pub. L. 116–92, div. A, title XVI, §1663, Dec. 20, 2019, 133 Stat. 1772; Pub. L. 116–283, div. A, title XVI, §§1631(a), 1632(a), Jan. 1, 2021, 134 Stat. 4056, 4057; Pub. L. 117–263, div. A, title XVI, §1633(a), (b), (d), Dec. 23, 2022, 136 Stat. 2935, 2936, 2938.)
2022—Subsec. (d)(9). Pub. L. 117–263, §1633(a)(1), inserted ", in coordination with the Joint Requirements Oversight Council," after "capabilities, and".
Subsec. (d)(10) to (12). Pub. L. 117–263, §1633(a)(2), (3), added par. (10) and redesignated former pars. (10) and (11) as (11) and (12), respectively.
Subsec. (d)(13). Pub. L. 117–263, §1633(a)(2), (4), redesignated par. (12) as (13), struck it out, and added a new par. (13). Prior to amendment, such par. related to Council's responsibility to provide guidance regarding priorities and comments on annual proposals for research on improved conventional weapons.
Subsec. (f). Pub. L. 117–263, §1633(b), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to budget and funding matters.
Subsec. (g)(1)(A). Pub. L. 117–263, §1633(d), inserted "and the members who attended each meeting" before the semicolon.
2021—Subsec. (d)(9) to (12). Pub. L. 116–283, §1632(a), added par. (9) and redesignated former pars. (9) to (11) as (10) to (12), respectively.
Subsec. (g). Pub. L. 116–283, §1631(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to semiannual briefings to Congress.
2019—Subsec. (g). Pub. L. 116–92 added subsec. (g).
2018—Subsec. (a)(1). Pub. L. 115–232, §1661(1), substituted "Acquisition and Sustainment" for "Acquisition, Technology, and Logistics".
Subsec. (a)(4) to (6). Pub. L. 115–232, §1661(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.
2017—Subsec. (f)(3)(B)(iii). Pub. L. 115–91, §1081(a)(14), substituted "Joint" for "Joints".
Subsec. (f)(6), (7). Pub. L. 115–91, §1653, added par. (6) and redesignated former par. (6) as (7).
2015—Subsec. (g). Pub. L. 114–92 struck out subsec. (g) which related to annual report.
2014—Subsec. (f)(3) to (6). Pub. L. 113–291 added pars. (3) to (6).
2013—Subsec. (a)(5). Pub. L. 113–66, §1091(a)(3), substituted "Commander" for "commander".
Subsec. (b)(3). Pub. L. 112–239, §1039(c), inserted at end "To the extent possible, not later than seven days before a meeting, the Chairman shall disseminate to each member of the Council the agenda and documents for such meeting."
Subsec. (d)(2). Pub. L. 112–239, §1039(a)(1), inserted "and alternatives" before period at end.
Subsec. (d)(3). Pub. L. 112–239, §1039(a)(2), inserted "and approving" after "Coordinating".
Subsec. (d)(7). Pub. L. 112–239, §1039(a)(3), substituted "specific" for "broad" and inserted before period at end "and priorities among activities, including production, surveillance, research, construction, and any other programs within the National Nuclear Security Administration".
Subsec. (d)(10). Pub. L. 113–66, §1053(a), redesignated par. (11) as (10) and struck out former par. (10) which read as follows: "Coordinating and providing guidance and oversight on nuclear command, control, and communications systems."
Pub. L. 112–239, §1039(a)(5), added par. (10). Former par. (10) redesignated (12).
Subsec. (d)(11). Pub. L. 113–66, §1053(a)(2), redesignated par. (12) as (11).
Pub. L. 112–239, §1039(b)(1), added par. (11).
Subsec. (d)(12). Pub. L. 113–66, §1053(a)(2), redesignated par. (12) as (11).
Pub. L. 112–239, §1039(a)(4), redesignated par. (10) as (12).
Subsec. (f). Pub. L. 112–239, §1039(b)(3), added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 113–66, §1053(c), substituted "that includes the following" for "on the following" in introductory provisions.
Pub. L. 112–239, §1039(b)(2), redesignated subsec. (f) as (g).
Subsec. (g)(6). Pub. L. 113–66, §1053(b), added par. (6).
2011—Subsec. (c)(2). Pub. L. 111–383, §901(j)(1)(A), substituted "Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs" for "Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs".
Subsec. (c)(3)(A). Pub. L. 111–383 substituted "Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs" for "Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs" and "Assistant Secretary" for "that Assistant to the Secretary".
2006—Subsec. (a)(5). Pub. L. 109–364 added par. (5).
2004—Subsec. (a). Pub. L. 108–375, §902(b), (d)(1), inserted heading and, in introductory provisions, struck out "Joint" before "Nuclear Weapons Council" and substituted "operated as a joint activity of the Department of Defense and the Department of Energy. The membership of the Council is comprised of the following officers of those departments:" for "composed of three members as follows:".
Subsec. (a)(4). Pub. L. 108–375, §902(a), added par. (4).
Subsec. (b). Pub. L. 108–375, §902(d)(2), inserted heading.
Subsec. (c). Pub. L. 108–375, §902(d)(3), inserted heading.
Subsec. (c)(3)(B). Pub. L. 108–375, §902(c)(1), substituted "designated" for "appointed".
Subsec. (d). Pub. L. 108–375, §902(d)(4), inserted heading.
Subsec. (e). Pub. L. 108–375, §902(c)(2), (d)(5), inserted heading and substituted "The Council shall" for "In addition to the responsibilities set forth in subsection (d), the Council shall also" in text.
Subsec. (f). Pub. L. 108–375, §902(c)(3), (d)(6), inserted heading and substituted "congressional defense committees" for "Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives" in introductory provisions.
2001—Subsec. (a)(1). Pub. L. 107–107 substituted "Under Secretary of Defense for Acquisition, Technology, and Logistics" for "Under Secretary of Defense for Acquisition and Technology".
2000—Subsec. (a)(3). Pub. L. 106–398, §1 [div. C, title XXXI, §3152(a)(1)], added par. (3) and struck out former par. (3) which read as follows: "One senior representative of the Department of Energy designated by the Secretary of Energy."
Subsec. (b)(2). Pub. L. 106–398, §1 [div. C, title XXXI, §3152(a)(2)], substituted "the Under Secretary for Nuclear Security of the Department of Energy" for "the representative designated under subsection (a)(3)".
1999—Subsec. (b)(3). Pub. L. 106–65, §3163(a)(1), added par. (3).
Subsec. (c)(3). Pub. L. 106–65, §3163(a)(2), added par. (3).
Subsec. (f). Pub. L. 106–65, §1067(1), substituted "and the Committee on Armed Services" for "and the Committee on National Security" in introductory provisions.
Subsec. (f)(3) to (5). Pub. L. 106–65, §3163(c), added pars. (3) to (5).
1996—Subsec. (c)(2). Pub. L. 104–106, §904(b)(1), substituted "Nuclear and Chemical and Biological Defense Programs" for "Atomic Energy".
Subsec. (e). Pub. L. 107–314, §4213(c)(2), formerly Pub. L. 104–201, §3159(c)(2), as renumbered by Pub. L. 108–136, added subsec. (e). Former subsec. (e) redesignated (f).
Pub. L. 104–106, §1502(a)(7), substituted "to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the" for "to the Committees on Armed Services and Appropriations of the Senate and".
Subsec. (f). Pub. L. 107–314, §4213(c)(1), formerly Pub. L. 104–201, §3159(c)(1), as renumbered by Pub. L. 108–136, redesignated subsec. (e) as (f).
1994—Subsecs. (a)(3), (b). Pub. L. 103–337, §3152(c), substituted "designated" for "appointed" wherever appearing.
Subsec. (d)(8) to (10). Pub. L. 103–337, §3152(a), added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.
Subsec. (e). Pub. L. 103–337, §3152(b), added subsec. (e).
1993—Subsec. (a)(1). Pub. L. 103–160 substituted "Under Secretary of Defense for Acquisition and Technology" for "Under Secretary of Defense for Acquisition".
1992—Subsec. (a)(1). Pub. L. 102–484 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The Director of Defense Research and Engineering."
1988—Subsec. (e). Pub. L. 100–456 struck out subsec. (e) which read as follows: "The Council shall submit to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives a report on the actions that have been taken by the Department of Defense and the Department of Energy to implement the recommendations of the President's Blue Ribbon Task Group on Nuclear Weapons Program Management. The Council shall include in such report its recommendation on the role and composition of the staff on the Council. The Council shall submit such report to the Committees not later than March 1, 1987."
1987—Subsec. (e). Pub. L. 100–180 realigned margins of subsec. (e).
Amendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.
Pub. L. 116–92, div. A, title XVI, §1664, Dec. 20, 2019, 133 Stat. 1773, provided that:
"(a)
"(1)
"(2)
"(A) The Director of Cost Assessment and Program Evaluation of the Department of Defense.
"(B) The Director of the Office of Management and Budget of the National Nuclear Security Administration.
"(C) The Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration.
"(D) The Director of the Office of Management and Budget.
"(b)
Pub. L. 99–661, div. C, title I, §3137(b), Nov. 14, 1986, 100 Stat. 4066, provided that, if on Nov. 14, 1986, the position of Vice Chairman of the Joint Chiefs of Staff had not been established by law, the Chairman of the Joint Chiefs of Staff would be a member of the Nuclear Weapons Council established by section 179 of this title, and would remain a member of such Council until an individual had been appointed Vice Chairman of the Joint Chiefs of Staff.
(a)
(b)
(c)
(1) review all aspects of the athletics programs of the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy, including—
(A) the policies relating to the administration of such programs;
(B) the appropriateness of the balance between the emphasis placed by each academy on athletics and the emphasis placed by such academy on academic pursuits; and
(C) the extent to which all athletes in all sports are treated equitably under the athletics program of each academy; and
(2) determine ways in which the administration of the athletics programs at the academies can serve as models for the administration of athletics programs at civilian institutions of higher education.
(d)
(2) The members of the board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the board.
(Added Pub. L. 102–190, div. A, title V, §513(a), Dec. 5, 1991, 105 Stat. 1360; amended Pub. L. 106–65, div. A, title X, §1066(a)(2), Oct. 5, 1999, 113 Stat. 770; Pub. L. 106–398, §1 [[div. A], title X, §1087(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290.)
2000—Subsec. (d). Pub. L. 106–398 substituted "section 5315" for "section 5376".
1999—Subsec. (d)(1). Pub. L. 106–65 substituted "Executive Schedule Level IV under section 5376 of title 5" for "grade GS–18 of the General Schedule under section 5332 of title 5".
(a)
(b)
(1) assessing joint military capabilities, and identifying, approving, and prioritizing gaps in such capabilities, to meet applicable requirements in the national defense strategy under section 113(g) of this title;
(2) increasing awareness of global trends, threats, and adversary capabilities to address gaps in joint military capabilities and validate joint requirements developed by the military departments;
(3) reviewing and validating whether a capability proposed by an armed force, Defense Agency, or other entity of the Department of Defense fulfills a gap in joint military capabilities;
(4) establishing and approving joint performance requirements that—
(A) ensure interoperability, where appropriate, between and among joint military capabilities; and
(B) are necessary, as designated by the Chairman of the Joint Chiefs of Staff, to fulfill capability gaps of more than one armed force, Defense Agency, or other entity of the Department;
(5) reviewing performance requirements for any existing or proposed capability that the Chairman of the Joint Chiefs of Staff determines should be reviewed by the Council;
(6) identifying new joint military capabilities based on advances in technology and concepts of operation; and
(7) identifying alternatives to any acquisition program that meets approved joint military capability requirements for the purposes of sections 4251(b), 4252(a)(4), and 4375(b) of this title.
(c)
(1)
(A) The Vice Chairman of the Joint Chiefs of Staff, who is the Chair of the Council and is the principal adviser to the Chairman of the Joint Chiefs of Staff for making recommendations about joint military capabilities or joint performance requirements.
(B) An Army officer in the grade of general.
(C) A Navy officer in the grade of admiral.
(D) An Air Force officer in the grade of general.
(E) A Marine Corps officer in the grade of general.
(F) A Space Force officer in the grade equivalent to the grade of general in the Army, Air Force, or Marine Corps, or admiral in the Navy.
(2)
(3)
(d)
(1)
(A) The Under Secretary of Defense for Policy.
(B) The Under Secretary of Defense for Intelligence and Security.
(C) The Under Secretary of Defense for Acquisition and Sustainment.
(D) The Under Secretary of Defense for Research and Engineering who shall serve as the Chief Technical Advisor to the Council and—
(i) shall provide assistance in evaluating the technical feasibility of requirements under development; and
(ii) shall identify options for expanding or generating new requirements based on opportunities provided by new or emerging technologies.
(E) The Under Secretary of Defense (Comptroller).
(F) The Director of Cost Assessment and Program Evaluation.
(G) The Director of Operational Test and Evaluation.
(H) The commander of a combatant command when matters related to the area of responsibility or functions of that command are under consideration by the Council.
(2)
(3)
(4)
(e)
(f)
(g)
(h)
(1) The term "joint military capabilities" means the collective capabilities across the joint force, including both joint and force-specific capabilities, that are available to conduct military operations.
(2) The term "performance requirement" means a performance attribute of a particular system considered critical or essential to the development of an effective military capability.
(3) The term "joint performance requirement" means a performance requirement that is critical or essential to ensure interoperability or fulfill a capability gap of more than one armed force, Defense Agency, or other entity of the Department of Defense, or impacts the joint force in other ways such as logistics.
(4) The term "oversight information" means information and materials comprising analysis and justification that are prepared to support a recommendation that is made to, and approved by, the Secretary of Defense.
(Added Pub. L. 104–106, div. A, title IX, §905(a)(1), Feb. 10, 1996, 110 Stat. 403; amended Pub. L. 104–201, div. A, title IX, §908, Sept. 23, 1996, 110 Stat. 2621; Pub. L. 106–65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, §1043(b)(3), Nov. 24, 2003, 117 Stat. 1610; Pub. L. 110–181, div. A, title IX, §942(a)–(d), Jan. 28, 2008, 122 Stat. 287, 288; Pub. L. 110–417, [div. A], title VIII, §813(d)(1), Oct. 14, 2008, 122 Stat. 4527; Pub. L. 111–23, title I, §§101(d)(1), 105(a), title II, §201(b), May 22, 2009, 123 Stat. 1709, 1717, 1719; Pub. L. 111–383, div. A, title VIII, §841, title X, §1075(b)(8), Jan. 7, 2011, 124 Stat. 4281, 4369; Pub. L. 112–239, div. A, title IX, §951(b), Jan. 2, 2013, 126 Stat. 1891; Pub. L. 114–92, div. A, title VIII, §802(d)(1), Nov. 25, 2015, 129 Stat. 879; Pub. L. 114–328, div. A, title IX, §925(a), Dec. 23, 2016, 130 Stat. 2359; Pub. L. 115–91, div. A, title X, §1081(a)(15), Dec. 12, 2017, 131 Stat. 1595; Pub. L. 115–232, div. A, title VIII, §831(b)(1), Aug. 13, 2018, 132 Stat. 1857; Pub. L. 116–92, div. A, title IX, §902(7), title XVI, §1621(e)(1)(A)(v), Dec. 20, 2019, 133 Stat. 1543, 1733; Pub. L. 116–283, div. A, title IX, §§906, 924(b)(9), title XVIII, §1850(m), Jan. 1, 2021, 134 Stat. 3799, 3822, 4271; Pub. L. 117–81, div. A, title IX, §903(a), title XVII, §1702(a)(2), Dec. 27, 2021, 135 Stat. 1869, 2155.)
2021—Subsec. (b)(2) to (5). Pub. L. 117–81, §903(a)(1), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Former par. (5) redesignated (6).
Subsec. (b)(6). Pub. L. 117–81, §903(a)(1)(A), redesignated par. (5) as (6). Former par. (6) redesignated (7).
Subsec. (b)(7). Pub. L. 117–81, §1702(a)(2), which directed amendment of par. (6) by substituting "sections 4251(b), 4252(a)(4)," for "sections 2366a(b), 2366b(a)(4),", was executed by making the substitution in par. (7) to reflect the probable intent of Congress and the redesignation of par. (6) as (7) by Pub. L. 117–81, §903(a)(1)(A). See below.
Pub. L. 117–81, §903(a)(1)(A), redesignated par. (6) as (7).
Pub. L. 116–283, §1850(m), which directed amendment of par. (6) by substituting "4375(b)" for "2433(e)(2)" effective Jan. 1, 2022, was executed by making the substitution in par. (7) to reflect the probable intent of Congress and the redesignation of par. (6) as (7) by Pub. L. 117–81, §903(a)(1)(A), effective Dec. 27, 2021. See above.
Subsec. (c)(1)(F). Pub. L. 116–283, §924(b)(9), added subpar. (F).
Subsec. (d)(1)(D). Pub. L. 117–81, §903(a)(2), substituted "Engineering who shall serve as the Chief Technical Advisor to the Council and—" and cls. (i) and (ii) for "Engineering."
Pub. L. 116–283, §906(b), substituted "The" for "the".
Subsec. (d)(4). Pub. L. 116–283, §906(a), added par. (4).
2019—Subsec. (d)(1)(B). Pub. L. 116–92, §1621(e)(1)(A)(v), substituted "Under Secretary of Defense for Intelligence and Security" for "Under Secretary of Defense for Intelligence".
Subsec. (d)(1)(C). Pub. L. 116–92, §902(7)(A), substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".
Subsec. (d)(1)(D) to (H). Pub. L. 116–92, §902(7)(B), (C), added subpar. (D) and redesignated former subpars. (D) to (G) as (E) to (H), respectively.
2018—Subsec. (b)(3) to (7). Pub. L. 115–232 redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which related to development of recommendations for program cost and fielding targets pursuant to section 2448a of this title.
2017—Subsec. (b)(1). Pub. L. 115–91 substituted "section 113(g)" for "section 118".
2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to Joint Requirements Oversight Council and consisted of its establishment, mission, composition, advisors, organization, availability of oversight information to Congressional defense committees, and definitions.
2015—Subsec. (d)(3). Pub. L. 114–92 added par. (3).
2013—Subsec. (b)(1)(C). Pub. L. 112–239, §951(b)(1), substituted "in ensuring that appropriate trade-offs are made among life-cycle cost, schedule, and performance objectives, and procurement quantity objectives, in the establishment and approval of military requirements" for "in ensuring the consideration of trade-offs among cost, schedule, and performance objectives for joint military requirements".
Subsec. (b)(3). Pub. L. 112–239, §951(b)(2), substituted "the total cost of such resources" for "such resource level".
2011—Subsec. (a). Pub. L. 111–383, §841(d), substituted "There is" for "The Secretary of Defense shall establish".
Subsec. (b)(3). Pub. L. 111–383, §1075(b)(8), which directed substitution of "Program Evaluation" for "Performance Evaluation", could not be executed because of the amendment by Pub. L. 111–383, §841(c)(2). See below.
Pub. L. 111–383, §841(c)(2), substituted "advisors to the Council under subsection (d)" for "Under Secretary of Defense (Comptroller), the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Director of Cost Assessment and Performance Evaluation".
Subsec. (c)(1)(A). Pub. L. 111–383, §841(a)(1), inserted "Vice" before "Chairman of the Joint Chiefs of Staff".
Subsec. (c)(1)(F). Pub. L. 111–383, §841(b), added subpar. (F).
Subsec. (c)(2). Pub. L. 111–383, §841(a)(2), substituted "under subparagraphs (B), (C), (D), and (E) of paragraph (1)" for ", other than the Chairman of the Joint Chiefs of Staff,".
Subsec. (c)(3). Pub. L. 111–383, §841(a)(3), struck out par. (3) which read as follows: "The functions of the Chairman of the Joint Chiefs of Staff as chairman of the Council may only be delegated to the Vice Chairman of the Joint Chiefs of Staff."
Subsec. (d)(1). Pub. L. 111–383, §841(c)(1), substituted "The following officials of the Department of Defense shall serve as advisors to the Council on matters within their authority and expertise:" for "The Under Secretary of Defense for Acquisition, Technology, and Logistics, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation shall serve as advisors to the Council on matters within their authority and expertise." and added subpars. (A) to (F).
2009—Subsec. (b)(1)(C). Pub. L. 111–23, §201(b)(1), added subpar. (C).
Subsec. (b)(3). Pub. L. 111–23, §201(b)(2)(A), inserted ", in consultation with the Under Secretary of Defense (Comptroller), the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Director of Cost Assessment and Performance Evaluation," after "assist the Chairman".
Subsec. (b)(5). Pub. L. 111–23, §201(b)(2)(B)–(4), added par. (5).
Subsec. (d). Pub. L. 111–23, §105(a), designated existing provisions as par. (1) and added par. (2).
Pub. L. 111–23, §101(d)(1), substituted "Director of Cost Assessment and Program Evaluation" for "Director of the Office of Program Analysis and Evaluation".
2008—Subsec. (b). Pub. L. 110–181, §942(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to mission of Joint Requirements Oversight Council.
Subsec. (b)(4). Pub. L. 110–417 substituted "section 2366a(b), section 2366b(a)(4)," for "section 2366a(a)(4), section 2366b(b),".
Subsec. (d). Pub. L. 110–181, §942(b)(2), added subsec. (d). Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 110–181, §942(c), added subsec. (e).
Subsec. (f). Pub. L. 110–181, §942(b)(1), redesignated subsec. (d) as (f).
Subsec. (g). Pub. L. 110–181, §942(d), added subsec. (g).
2003—Subsec. (d)(2). Pub. L. 108–136 substituted "subsection, the term 'oversight" for "subsection:", struck out "(A) The term 'oversight" before "information' means", and struck out subpar. (B) which read as follows: "The term 'congressional defense committees' means—
"(i) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
"(ii) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives."
1999—Subsec. (d)(2)(B)(ii). Pub. L. 106–65 substituted "Committee on Armed Services" for "Committee on National Security".
1996—Subsec. (d). Pub. L. 104–201 added subsec. (d).
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Pub. L. 104–106, div. A, title IX, §905(b), Feb. 10, 1996, 110 Stat. 404, provided that: "The amendments made by this section [enacting this section] shall take effect on January 31, 1997."
Pub. L. 111–23, title I, §105(b), May 22, 2009, 123 Stat. 1718, provided that: "The Joint Requirements Oversight Council in the Department of Defense shall seek and consider input from the commanders of combatant commands, in accordance with section 181(d) of title 10, United States Code (as amended by subsection (a)). Such input may include, but is not limited to, an assessment of the following:
"(1) Any current or projected missions or threats in the theater of operations of the commander of a combatant command that would inform the assessment of a new joint military requirement.
"(2) The necessity and sufficiency of a proposed joint military requirement in terms of current and projected missions or threats.
"(3) The relative priority of a proposed joint military requirement in comparison with other joint military requirements within the theater of operations of the commander of a combatant command.
"(4) The ability of partner nations in the theater of operations of the commander of a combatant command to assist in meeting the joint military requirement or the benefit, if any, of a partner nation assisting in development or use of technologies developed to meet the joint military requirement."
Pub. L. 111–23, title II, §201(c), May 22, 2009, 123 Stat. 1720, provided that: "The Secretary of Defense shall ensure that each new joint military requirement recommended by the Joint Requirements Oversight Council is reviewed to ensure that the Joint Requirements Oversight Council has, in making such recommendation—
"(1) taken appropriate action to seek and consider input from the commanders of the combatant commands, in accordance with the requirements of section 181(d) of title 10, United States Code (as amended by section 105(a) of this Act);
"(2) engaged in consideration of trade-offs among cost, schedule, and performance objectives in accordance with the requirements of section 181(b)(1)(C) of title 10, United States Code (as added by subsection (b)); and
"(3) engaged in consideration of issues of joint portfolio management, including alternative material and non-material solutions, as provided in Department of Defense instructions for the development of joint military requirements."
Pub. L. 111–23, title II, §201(d), May 22, 2009, 123 Stat. 1720, provided that: "The Director of Cost Assessment and Program Evaluation shall take the lead in the development of study guidance for an analysis of alternatives for each joint military requirement for which the Chairman of the Joint Requirements Oversight Council is the validation authority. In developing the guidance, the Director shall solicit the advice of appropriate officials within the Department of Defense and ensure that the guidance requires, at a minimum—
"(1) full consideration of possible trade-offs among cost, schedule, and performance objectives for each alternative considered; and
"(2) an assessment of whether or not the joint military requirement can be met in a manner that is consistent with the cost and schedule objectives recommended by the Joint Requirements Oversight Council."
Pub. L. 110–181, div. A, title IX, §942(f), Jan. 28, 2008, 122 Stat. 288, provided that: "Effective June 1, 2009, all joint military requirements documents of the Joint Requirements Oversight Council produced to carry out its mission under section 181(b)(1) of title 10, United States Code, shall reference the core mission areas organized and defined under [former] section 118b of such title. Not later than October 1, 2009, all such documents produced before June 1, 2009, shall reference such structure."
Pub. L. 106–398, §1 [[div. A], title IX, §916], Oct. 30, 2000, 114 Stat. 1654, 1654A–231, as amended by Pub. L. 107–107, div. A, title IX, §923, Dec. 28, 2001, 115 Stat. 1199, directed the Chairman of the Joints Chiefs of Staff to submit reports to committees of Congress not later than Mar. 1, 2001, Sept. 1, 2001, Mar. 1, 2002, and Mar. 1, 2003, on the progress made on the initiative of the Chairman to reform and refocus the Joint Requirements Oversight Council.
(a)
(b)
(2) The Center shall be used to make available high-quality disaster management and humanitarian assistance in response to disasters.
(3) The Center shall be used to provide and facilitate education, training, interagency coordination, and research on the following additional matters:
(A) Management of the consequences of nuclear, biological, and chemical events.
(B) Management of the consequences of terrorism.
(C) Appropriate roles for the reserve components in the management of such consequences and in disaster management and humanitarian assistance in response to natural disasters.
(D) Meeting requirements for information in connection with regional and global disasters, including the use of advanced communications technology as a virtual library.
(E) Tropical medicine, particularly in relation to the medical readiness requirements of the Department of Defense.
(4) The Center shall develop a repository of disaster risk indicators for the Asia-Pacific region.
(5) The Center shall perform such other missions as the Secretary of Defense may specify.
(c)
(d)
(2) The Secretary may not accept a donation under paragraph (1) if the acceptance of the donation would compromise or appear to compromise—
(A) the ability of the Department of Defense, any employee of the Department, or members of the armed forces, to carry out any responsibility or duty of the Department in a fair and objective manner; or
(B) the integrity of any program of the Department of Defense or of any person involved in such a program.
(3) The Secretary shall prescribe written guidance setting forth the criteria to be used in determining whether or not the acceptance of a foreign donation would have a result described in paragraph (2).
(4) Funds accepted by the Secretary under paragraph (1) as a donation on behalf of the Center shall be credited to appropriations available to the Department of Defense for the Center. Funds so credited shall be merged with the appropriations to which credited and shall be available for the Center for the same purposes and the same period as the appropriations with which merged.
(Added Pub. L. 105–85, div. A, title III, §382(a)(1), Nov. 18, 1997, 111 Stat. 1709.)
Pub. L. 107–248, title VIII, §8093, Oct. 23, 2002, 116 Stat. 1558, provided that: "During the current fiscal year and hereafter, under regulations prescribed by the Secretary of Defense, the Center of Excellence for Disaster Management and Humanitarian Assistance [probably should be Center for Excellence in Disaster Management and Humanitarian Assistance] may also pay, or authorize payment for, the expenses of providing or facilitating education and training for appropriate military and civilian personnel of foreign countries in disaster management, peace operations, and humanitarian assistance."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 107–117, div. A, title VIII, §8109, Jan. 10, 2002, 115 Stat. 2272.
Pub. L. 106–259, title VIII, §8109, Aug. 9, 2000, 114 Stat. 698.
Pub. L. 106–79, title VIII, §8139, Oct. 25, 1999, 113 Stat. 1269.
(a)
(b)
(2) The Center shall be used to provide and facilitate education, training, interagency coordination, and research on the following additional matters:
(A) Management of the consequences of environmental insecurity with respect to—
(i) access to water, food, and energy;
(ii) related health matters; and
(iii) matters relating to when, how, and why environmental stresses to human safety, health, water, energy, and food will cascade to economic, social, political, or national security events.
(B) Appropriate roles for the reserve components in response to environmental insecurity resulting from natural disasters.
(C) Meeting requirements for information in connection with regional and global disasters, including through the use of advanced communications technology as a virtual library.
(3) The Center shall perform such other missions as the Secretary of Defense may specify.
(4) To assist the Center in carrying out the missions under this subsection, upon request of the Center, the head of any Federal agency may grant to the Center access to the data, archives, and other physical resources (including facilities) of that agency, and may detail any personnel of that agency to the Center, for the purpose of enabling the development of global environmental indicators.
(c)
(d)
(2) The Secretary may not accept a donation under paragraph (1) if the acceptance of the donation would compromise or appear to compromise—
(A) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces, to carry out any responsibility or duty of the Department or the armed forces in a fair and objective manner; or
(B) the integrity of any program of the Department of Defense or of any person involved in such a program.
(3) The Secretary shall prescribe written guidance setting forth the criteria to be used in determining whether or not the acceptance of a foreign donation under paragraph (1) would have a result described in paragraph (2).
(4) Funds accepted by the Secretary under paragraph (1) as a donation on behalf of the Center shall be credited to appropriations available to the Department of Defense for the Center. Funds so credited shall be merged with the appropriations to which credited and shall be available for the Center for the same purposes and the same period as the appropriations with which merged.
(Added Pub. L. 117–263, div. A, title III, §311, Dec. 23, 2022, 136 Stat. 2501.)
(a)
(b)
(2) The members of the Board shall serve for a term of 15 years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which the member's predecessor was appointed shall only serve until the end of such term. A member may serve after the end of the member's term until the member's successor takes office.
(3) A member of the Board may be removed by the Secretary of Defense only for misconduct or failure to perform functions vested in the Board.
(4) A member of the Board who is not an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay then currently being paid under the General Schedule of subchapter III of chapter 53 of title 5 for each day the member is engaged in the performance of the duties of the Board and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of that title in connection with such duties.
(c)
(1) To review valuations of the Department of Defense Military Retirement Fund in accordance with section 1465(c) of this title and submit to the President and Congress, not less often than once every four years, a report on the status of that Fund, including such recommendations for modifications to the funding or amortization of that Fund as the Board considers appropriate and necessary to maintain that Fund on a sound actuarial basis.
(2) To review valuations of the Department of Defense Education Benefits Fund in accordance with section 2006(e) of this title and make recommendations to the President and Congress on such modifications to the funding or amortization of that Fund as the Board considers appropriate to maintain that Fund on a sound actuarial basis.
(3) To review valuations of such other funds as the Secretary of Defense shall specify for purposes of this section and make recommendations to the President and Congress on such modifications to the funding or amortization of such funds as the Board considers appropriate to maintain such funds on a sound actuarial basis.
(d)
(e)
(A) The Department of Defense Military Retirement Fund.
(B) The Department of Defense Education Benefits Fund.
(C) Each other fund specified by Secretary under subsection (c)(3).
(2) The Board shall also furnish its advice and opinion on matters referred to it by the Secretary.
(Added Pub. L. 110–181, div. A, title IX, §906(a)(1), Jan. 28, 2008, 122 Stat. 275.)
A prior section 183, added Pub. L. 105–85, div. A, title IX, §904(a), Nov. 18, 1997, 111 Stat. 1854, required the Secretary of Defense to report annually on the justification or requirement and projected costs of Department of Defense advisory committees, prior to repeal by Pub. L. 107–314, div. A, title X, §1041(a)(1)(A), Dec. 2, 2002, 116 Stat. 2645.
Pub. L. 110–181, div. A, title IX, §906(a)(3), Jan. 28, 2008, 122 Stat. 277, provided that: "Each member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries as of the date of the enactment of this Act [Jan. 28, 2008] shall serve as an initial member of the Department of Defense Board of Actuaries under section 183 of title 10, United States Code (as added by paragraph (1)), from that date until the date otherwise provided for the completion of such individual's term as a member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries, as the case may be, unless earlier removed by the Secretary of Defense."
(a)
(2) The Clearinghouse shall be—
(A) organized under the authority, direction, and control of an Assistant Secretary of Defense designated by the Secretary; and
(B) assigned such personnel and resources as the Secretary considers appropriate to carry out this section.
(b)
(2) The Clearinghouse shall accelerate the development of planning tools necessary to determine the acceptability to the Department of Defense of proposals included in an application for an energy project or antenna structure project submitted pursuant to such section.
(3) The Clearinghouse shall perform such other functions as the Secretary of Defense assigns.
(c)
(A) assess the likely scope, duration, and level of risk of any adverse impact of such energy project or antenna structure project on military operations and readiness; and
(B) identify any feasible and affordable actions that could be taken by the Department, the developer of such energy project or antenna structure project, or others to mitigate the adverse impact and to minimize risks to national security while allowing the energy project or antenna structure project to proceed with development.
(2)(A) If the Clearinghouse finds under paragraph (1) that an energy project or antenna structure project will have an adverse impact on military operations and readiness, the Clearinghouse shall issue to the applicant a notice of presumed risk that describes the concerns identified by the Department in the preliminary review and requests a discussion of possible mitigation actions.
(B) After the Clearinghouse issues a notice under subparagraph (A) with respect to an energy project or antenna structure project, the parties should seek to identify feasible and affordable actions that can be taken by the Department, the developer of such energy project or antenna structure project, or others to mitigate any adverse impact on military operations and readiness.
(C) A notice of presumed risk issued under subparagraph (A) is a preliminary assessment only and does not represent a formal objection pursuant to subsection (e). Discussions of possible mitigation actions under such subparagraph could favorably resolve any concerns identified in the notice of presumed risk.
(3) At the same time that the Clearinghouse issues to the applicant a notice of presumed risk under paragraph (2), the Clearinghouse shall provide the same notice to the governor of the State in which the project is located and request that the governor provide the Clearinghouse any comments the governor believes of relevance to the application. The Clearinghouse shall ensure that a governor has at least 30 days after the date on which the governor receives the notice of presumed risk to provide any such comments and shall provide detailed information and other information necessary to ensure that the governor can fully understand the nature of the presumed risk. The Secretary of Defense shall consider the comments of the governor in the Secretary's evaluation of whether the project presents an unacceptable risk to the national security of the United States and shall include the comments with the finding provided to the Secretary of Transportation pursuant to section 44718(f) of title 49.
(4) If, after issuing the notices of presumed risk required by paragraphs (2) and (3), the Secretary of Defense later concludes for any reason that the energy project or antenna structure project will not have an adverse impact on military readiness, the Clearinghouse shall notify the applicant and the governor in writing of that conclusion.
(5) The Clearinghouse shall develop, in coordination with other departments and agencies of the Federal Government, an integrated review process to ensure timely notification and consideration of energy projects or antenna structure projects filed with the Secretary of Transportation pursuant to section 44718 of title 49 that may have an adverse impact on military operations and readiness.
(6) The Clearinghouse shall establish procedures for the Department of Defense for the coordinated consideration of and response to a request for a review received from another Federal agency, a State government, an Indian tribal government, a local government, a landowner, or the developer of an energy project or antenna structure project, including guidance to personnel at each military installation in the United States on how to initiate such procedures and ensure a coordinated Department response.
(7) The Clearinghouse shall develop procedures for conducting early outreach to parties carrying out energy projects or antenna structure projects that could have an adverse impact on military operations and readiness and to clearly communicate to such parties actions being taken by the Department of Defense under this section. The procedures shall provide for filing by such parties of a project area and preliminary project layout at least one year before expected construction of any project proposed within a military training route or within line-of-sight of any air route surveillance radar, airport surveillance radar, or wide area surveillance over-the-horizon radar operated or used by the Department of Defense in order to provide adequate time for analysis and negotiation of mitigation options. Material marked as proprietary or competition sensitive by a party filing for this preliminary review shall be protected from public release by the Department of Defense.
(8) If, in reviewing an application for an energy project or antenna structure project pursuant to paragraph (1), the Clearinghouse finds no adverse impact on military operations under section 44718(b)(1) of title 49, the Clearinghouse shall communicate to the Secretary of Transportation in writing, not later than five business days after making such finding, the following: "No Part 77 concerns, national security review ongoing."
(d)
(2) In developing the strategy required by paragraph (1), the Secretary shall—
(A) assess the magnitude of interference posed by projects filed with the Secretary of Transportation pursuant to section 44718 of title 49;
(B) solely for the purpose of informing preliminary reviews under subsection (c)(1) and early outreach efforts under subsection (c)(5), identify distinct geographic areas selected as proposed locations for projects filed, or for projects that are reasonably expected to be filed in the near future, with the Secretary of Transportation pursuant to section 44718 of title 49 where the Secretary of Defense can demonstrate such projects could have an adverse impact on military operations and readiness, including military training routes or any active intercontinental ballistic missile launch facility or control center, and categorize the risk of adverse impact in such areas;
(C) develop procedures for the initial identification of such geographic areas identified under subparagraph (B), to include a process to provide notice and seek public comment prior to making a final designation of the geographic areas, including maps of the area and the basis for identification;
(D) develop procedures to periodically review and modify, consistent with the notice and public comment process under subparagraph (C), geographic areas identified under subparagraph (B) and to solicit and identify additional geographic areas as appropriate;
(E) at the conclusion of the notice and public comment period conducted under subparagraph (C), make a final finding on the designation of a geographic area of concern or delegate the authority to make such finding to the Deputy Secretary of Defense, an Under Secretary of Defense, a Deputy Under Secretary of Defense, or, in the case of a geographic area of concern related to an active intercontinental ballistic missile launch facility or control center, the Assistant Secretary of Defense for Energy, Installations, and Environment; and
(F) specifically identify feasible and affordable long-term actions that may be taken to mitigate adverse impacts of projects filed, or which may be filed in the future, with the Secretary of Transportation pursuant to section 44718 of title 49, on military operations and readiness, including—
(i) investment priorities of the Department of Defense with respect to research and development;
(ii) modifications to military operations to accommodate applications for such projects;
(iii) recommended upgrades or modifications to existing systems or procedures by the Department of Defense;
(iv) acquisition of new systems by the Department and other departments and agencies of the Federal Government and timelines for fielding such new systems; and
(v) modifications to the projects for which such applications are filed with the Secretary of Transportation pursuant to section 44718 of title 49, including changes in size, location, or technology.
(3) The governor of a State may recommend to the Secretary of Defense additional geographical areas of concern within that State. Any such recommendation shall be submitted for notice and comment pursuant to paragraph (2)(C).
(4) The Clearinghouse shall make access to data reflecting geographic areas identified under subparagraph (B) of paragraph (2) and reviewed and modified under subparagraph (C) of such paragraph available online.
(e)
(B)(i) In the case of any energy project or antenna structure project with proposed structures more than 200 feet above ground level located within two nautical miles of the geographic center of an active intercontinental ballistic missile launch facility or control center, the Secretary of Defense shall issue a finding of unacceptable risk to national security for such project if the mitigation actions identified pursuant to this section do not include removal of all such proposed structures from such project after receiving notice of presumed risk from the Clearinghouse under subsection (c)(2).
(ii) Clause (i) does not apply to structures approved before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 or to structures that are re-powered with updated technology in the same location as previously approved structures.
(C) Any finding of unacceptable risk to national security by the Secretary of Defense under this paragraph shall be transmitted to the Secretary of Transportation for inclusion in the report required under section 44718(b)(2) of title 49.
(2)(A) Not later than 30 days after making a finding of unacceptable risk under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on such finding and the basis for such finding. Such report shall include an explanation of the operational impact that led to the finding, a discussion of the mitigation options considered, and an explanation of why the mitigation options were not feasible or did not resolve the conflict. The report may include a classified annex. Unclassified reports shall also be provided to the project proponent. The Secretary of Defense may provide public notice through the Federal Register of the finding.
(B) The Secretary of Defense shall notify the appropriate State agency of a finding made under paragraph (1).
(3) The Secretary of Defense may only delegate the responsibility for making a finding of unacceptable risk under paragraph (1) to the Deputy Secretary of Defense, an Under Secretary of Defense, or a Deputy Under Secretary of Defense.
(4) The Clearinghouse shall develop procedures for making a finding of unacceptable risk, including with respect to how to implement cumulative effects analysis. Such procedures shall be subject to public comment prior to finalization.
(f)
(g)
(h)
(1) The term "adverse impact on military operations and readiness" means any adverse impact upon military operations and readiness, including flight operations, research, development, testing, and evaluation, and training, that is demonstrable and is likely to impair or degrade the ability of the armed forces to perform their warfighting missions.
(2) The term "antenna structure project"—
(A) means a project to construct a structure located within two nautical miles of the geographic center of any intercontinental ballistic missile launch facility or control center that—
(i) is constructed or used to transmit radio energy or that is constructed or used for the primary purpose of supporting antennas to transmit or receive radio energy (or both), and any antennas and other appurtenances mounted on the structure, from the time construction of the supporting structure begins until such time as the supporting structure is dismantled; and
(ii) for which notification is required to be made to the Federal Aviation Administration pursuant to processes already established under this title; and
(B) does not include—
(i) any structure constructed before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, including any such structure which is upgraded, repaired, or otherwise modified after such date of enactment as long as such upgrade, repair, or modification has not increased the height of such structure; or
(ii) any project in support of or required by an intercontinental ballistic missile launch facility or control center, or any other such project that has been approved by the Secretary of Defense or the Secretary of Defense's designee for use on the same military installation at which such facility or control center is located.
(3) The term "intercontinental ballistic missile launch facility or control center" means such facilities or control centers located at the Francis E. Warren Air Force Base; 1 the Malmstrom Air Force Base, and the Minot Air Force Base, and their respective missile fields.
(4) The term "energy project" means a project that provides for the generation or transmission of electrical energy.
(5) The term "governor", with respect to a State, means the chief executive officer of the State.
(6) The term "landowner" means a person that owns a fee interest in real property on which a proposed energy project or antenna structure project is planned to be located.
(7) The term "military installation" has the meaning given that term in section 2801(c)(4) of this title.
(8) The term "military readiness" includes any training or operation that could be related to combat readiness, including testing and evaluation activities.
(9) The term "military training route" means a training route developed as part of the Military Training Route Program, carried out jointly by the Administrator of the Federal Aviation Administration and the Secretary of Defense, for use by the armed forces for the purpose of conducting low-altitude, high-speed military training.
(10) The term "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, and American Samoa.
(11) The term "unacceptable risk to the national security of the United States" means the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill, that the Secretary of Defense can demonstrate would—
(A) endanger safety in air commerce directly related to the activities of the Department of Defense;
(B) interfere with the efficient use of the navigable airspace directly related to the activities of the Department of Defense; or
(C) significantly impair or degrade the capability of the Department of Defense to conduct training, research, development, testing, and evaluation, and operations or to maintain military readiness.
(Added Pub. L. 115–91, div. A, title III, §311(a), Dec. 12, 2017, 131 Stat. 1343; amended Pub. L. 116–92, div. A, title III, §§311, 312, 371, Dec. 20, 2019, 133 Stat. 1303, 1329; Pub. L. 116–283, div. A, title III, §311, Jan. 1, 2021, 134 Stat. 3513; Pub. L. 117–81, div. A, title III, §371(b), Dec. 27, 2021, 135 Stat. 1663; Pub. L. 118–31, div. A, title III, §§361, 362, Dec. 22, 2023, 137 Stat. 231.)
The date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsecs. (e)(1)(B)(ii) and (h)(2)(B)(i), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.
2023—Pub. L. 118–31, §362(b)(1), inserted "or antenna structure projects" after "energy projects" wherever appearing and inserted "or antenna structure project" after "energy project" wherever appearing except in subsecs. (e)(1) and (h)(2).
Subsec. (c)(3). Pub. L. 118–31, §361, inserted "The Clearinghouse shall ensure that a governor has at least 30 days after the date on which the governor receives the notice of presumed risk to provide any such comments and shall provide detailed information and other information necessary to ensure that the governor can fully understand the nature of the presumed risk." after "to the application."
Subsec. (d)(2)(B). Pub. L. 118–31, §362(a)(1)(A), inserted "or any active intercontinental ballistic missile launch facility or control center" after "military training routes".
Subsec. (d)(2)(E). Pub. L. 118–31, §362(a)(1)(B), substituted "a Deputy Under Secretary of Defense, or, in the case of a geographic area of concern related to an active intercontinental ballistic missile launch facility or control center, the Assistant Secretary of Defense for Energy, Installations, and Environment" for "or a Deputy Under Secretary of Defense".
Subsec. (e)(1). Pub. L. 118–31, §362(a)(2), designated first sentence as subpar. (A) and inserted "or antenna structure project" after "energy project", designated second sentence as subpar. (C) and substituted "Any finding of unacceptable risk to national security by the Secretary of Defense under this paragraph" for "The Secretary of Defense's finding of unacceptable risk to national security", and added subpar. (B) after subpar. (A) as so designated.
Subsec. (h)(2) to (11). Pub. L. 118–31, §362(b)(2), added pars. (2) and (3) and redesignated former pars. (2) to (9) as (4) to (11), respectively.
2021—Subsec. (c)(2). Pub. L. 116–283, §311(1), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (c)(2)(C). Pub. L. 117–81, §371(b)(1), added subpar. (C).
Subsec. (c)(4) to (6). Pub. L. 116–283, §311(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. Former par. (6) redesignated (7).
Subsec. (c)(7). Pub. L. 116–283, §311(2), (4), redesignated par. (6) as (7) and struck out "Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity." before "Material marked".
Subsec. (c)(8). Pub. L. 117–81, §371(b)(2), added par. (8).
2019—Subsec. (c)(1). Pub. L. 116–92, §311, substituted "75 days" for "60 days" in introductory provisions.
Subsec. (c)(6). Pub. L. 116–92, §371(1), in second sentence, substituted "air route surveillance radar, airport surveillance radar, or wide area surveillance over-the-horizon radar" for "air route surveillance radar or airport surveillance radar" and inserted after second sentence "Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity."
Subsec. (d)(2)(E). Pub. L. 116–92, §371(2)(A), substituted "the Deputy Secretary of Defense, an Under Secretary of Defense, or a Deputy Under Secretary of Defense" for "a Deputy Secretary of Defense, an Under Secretary of Defense, or a Principal Deputy Under Secretary of Defense".
Subsec. (d)(3), (4). Pub. L. 116–92, §371(2)(B), (C), added par. (3) and redesignated former par. (3) as (4).
Subsec. (e)(3). Pub. L. 116–92, §371(3), substituted "an Under Secretary of Defense, or a Deputy Under Secretary of Defense" for "an under secretary of defense, or a deputy under secretary of defense".
Subsec. (f). Pub. L. 116–92, §371(4), which directed the substitution of "from an entity requesting a review by the Clearinghouse under this section" for "from an applicant for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49", could not be executed because of the intervening amendment by Pub. L. 116–92, §312. See note below.
Pub. L. 116–92, §312, substituted "for an energy project" for "for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49".
Subsec. (h)(3) to (9). Pub. L. 116–92, §371(5), added par. (3), redesignated former pars. (3) to (6) as (4) to (7), respectively, in par. (7) substituted "the Administrator of the Federal Aviation Administration" for "the Federal Aviation Administration", added par. (8), and redesignated former par. (7) as (9).
Pub. L. 115–91, div. A, title III, §311(c), Dec. 12, 2017, 131 Stat. 1348, provided that: "Notwithstanding the amendments made by subsection (a) [enacting this section], any rule or regulation promulgated to carry out section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 [Pub. L. 111–383] (49 U.S.C. 44718 note), that is in effect on the day before the date of the enactment of this Act [Dec. 12, 2017] shall continue in effect and apply to the extent such rule or regulation is consistent with the authority under section 183a of title 10, United States Code, as added by subsection (a), until such rule or regulation is otherwise amended or repealed."
Pub. L. 115–91, div. A, title III, §311(d), Dec. 12, 2017, 131 Stat. 1348, provided that: "The initial identification of geographic areas under section 183a(d)(2)(B) of title 10, United States Code, as added by subsection (a), shall be completed not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017]."
1 So in original. The semicolon probably should be a comma.
(a)
(1) serve as the focal point for matters related to civilian casualties and other forms of civilian harm resulting from military operations involving the United States Armed Forces; and
(2) institutionalize and advance knowledge, practices, and tools for preventing, mitigating, and responding to civilian harm.
(b)
(1) develop standardized civilian-harm operational reporting and data management processes to improve data collection, sharing, and learning across the Department of Defense;
(2) develop, recommend, and review guidance, and the implementation of guidance, on how the Department responds to civilian harm;
(3) develop recommended guidance for addressing civilian harm across the full spectrum of armed conflict and for use in doctrine and operational plans;
(4) recommend training and exercises for the prevention and investigation of civilian harm;
(5) develop a repository of civilian casualty and civilian harm information;
(6) capture lessons learned from assessments and investigations of civilian casualty incidents and supporting institutionalization of such lessons learned within policy, doctrine, training, exercises, and tactics, techniques, and procedures of the Department of Defense;
(7) support the coordination and synchronization of efforts across combatant commands, the Department of State, and other relevant United States Government departments and agencies to prevent, mitigate, and respond to incidents of civilian harm;
(8) engage with nongovernmental organizations and civilian casualty experts; and
(9) perform such other functions as the Secretary of Defense may specify.
(c)
(Added Pub. L. 117–263, div. A, title X, §1082(a)(1), Dec. 23, 2022, 136 Stat. 2799.)
Another section 184 was renumbered section 185 of this title.
A prior section 184 was renumbered section 342 of this title.
Pub. L. 117–263, div. A, title X, §1082(b), Dec. 23, 2022, 136 Stat. 2799, provided that: "The Civilian Protection Center of Excellence, as required under section 184 of title 10, United States Code, as added by subsection (a), shall be established by not later than 90 days after the date of the enactment of this Act [Dec. 23, 2022]."
(a)
(b)
(A) The Director of Safety for each military department.
(B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense.
(C) One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned.
(D) During periods in which the Coast Guard is not operating as a service in the Department of the Navy, an officer of the Coast Guard, appointed by the Secretary of Homeland Security.
(E) Such additional members as may be determined by the Deputy Secretary of Defense.
(2)(A) Each member of the Council shall serve at the will of the official who appointed that member.
(B) Any vacancy on the Council shall be filled in the same manner as the original appointment.
(3) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council.
(c)
(B) The Chairperson shall serve for a term of two years and shall be responsible for—
(i) serving as the Director of Safety for the Department of Defense;
(ii) serving as principal advisor to the Secretary of Defense regarding military safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training;
(iii) overseeing all duties and activities of the Council, including the conduct of military safety studies and the issuance of safety guidance to the military departments;
(iv) working with, and advising, the Secretaries of the military departments through appointed safety chiefs to implement standardized safety guidance across the military departments;
(v) submitting to the Secretary of Defense and Congress an annual report reviewing the compliance of each military department with the guidance described in clause (iv);
(vi) advising Congress on issues relating to military safety and reforms; and
(vii) overseeing coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms.
(2) The individual appointed under subsection (b)(1)(B) shall serve as the Vice Chairperson. The Vice Chairperson shall report to the Chairperson and shall serve as Chairperson in the absence of the Chairperson.
(d)
(1) Subject to subsection (e), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps.
(2) With respect to mishap data—
(A) establishing uniform data collection standards and a repository, that is accessible Department-wide, of data for mishaps in the Department of Defense;
(B) reviewing the compliance of each military department in adopting and using the uniform data collection standards established under subparagraph (A); and
(C) reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department.
(3) With respect to non-mishap data—
(A) establishing standards and requirements for the collection of aircraft, equipment, simulator, airfield, range, pilot, and operator data;
(B) establishing standards and requirements for the collection of ground vehicle equipment and crew data; and
(C) establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards.
(4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments.
(5) Establishing, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system.
(6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships.
(7) Ensuring each military department has in place, for the safety management system and program described in paragraphs (5) and (6), respectively, of that military department—
(A) a resolution plan that identifies specific corrective and preventative actions to address the causes of mishaps; and
(B) an implementation plan for such system and program.
(8) Reviewing the proposal of each military department for the safety management system and program described in paragraphs (5) and (6), respectively.
(9) Reviewing the implementation of such systems by each military department.
(10) Ensuring each military department has in place a system to monitor the implementation of recommendations made in safety and legal investigation reports of mishap incidents.
(11) Not later than one year after the initial identification of corrective and preventative actions by a military department pursuant to a resolution plan under paragraph (7)(A), and periodically thereafter, reviewing and validating each such identified corrective and preventative action to ensure the action is effective.
(12) Ensuring any related change in methods, tactics, or procedures necessary for the conduct of such identified corrective and preventative actions have been implemented.
(e)
(f)
(2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis.
(g)
(h)
(i)
(2) Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data.
(3) Data collected by the Council pursuant to this subsection may include privileged safety information that is protected from disclosure or discovery to any person.
(j)
(k)
(2) Not later than March 31, 2023, and not later than December 31 of each year thereafter, the Deputy Secretary of Defense shall submit to the congressional defense committees a report containing—
(A) a summary of the goals and priorities of the Deputy Secretary for the year following the date of the submission of the report with respect to the activities of the Council; and
(B) an assessment by the Deputy Secretary of the activities of the Council carried out during the year preceding the date of such submission.
(Added Pub. L. 117–81, div. A, title III, §372(a), Dec. 27, 2021, 135 Stat. 1664, §184; amended Pub. L. 117–263, div. A, title III, §§381, 383, Dec. 23, 2022, 136 Stat. 2542, 2544; renumbered §185 and amended Pub. L. 118–31, div. A, title III, §363, Dec. 22, 2023, 137 Stat. 233.)
2023—Pub. L. 118–31, §363(1), renumbered section 184 of this title relating to Joint Safety Council as this section.
Subsec. (d)(7) to (12). Pub. L. 118–31, §363(2), added pars. (7), (11), and (12), redesignated former pars. (7) to (9) as (8) to (10), respectively, and substituted "the safety management system and program described in paragraphs (5) and (6), respectively" for "the safety management systems described in paragraphs (9) and (10)" in par. (8) as so redesignated.
2022—Subsec. (b)(1)(D), (E). Pub. L. 117–263, §383, added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (k). Pub. L. 117–263, §381, substituted "Reports" for "Report" in heading, designated existing provisions as par. (1), and added par. (2).
Pub. L. 117–81, div. A, title III, §372(c), Dec. 27, 2021, 135 Stat. 1666, provided that:
"(1)
"(2)
"(3)
Section, added Pub. L. 108–375, div. A, title III, §332(b)(1), Oct. 28, 2004, 118 Stat. 1854; amended Pub. L. 110–417, [div. A], title IX, §904, Oct. 14, 2008, 122 Stat. 4567; Pub. L. 111–383, div. A, title X, §1075(b)(9), Jan. 7, 2011, 124 Stat. 4369, related to Defense Business System Management Committee.
Section, added Pub. L. 109–364, div. A, title VIII, §843(a), Oct. 17, 2006, 120 Stat. 2338; amended Pub. L. 111–383, div. A, title VIII, §829, Jan. 7, 2011, 124 Stat. 4272; Pub. L. 112–239, div. A, title IX, §901(c), Jan. 2, 2013, 126 Stat. 1864; Pub. L. 114–328, div. A, title X, §1081(a)(2), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 116–92, div. A, title XVII, §1731(a)(11), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 116–283, div. A, title XVIII, §1870(c)(6)(C), Jan. 1, 2021, 134 Stat. 4285, related to Strategic Materials Protection Board. See section 98h–1 of Title 50, War and National Defense.
(a)
(b)
(1) The Secretary of Defense.
(2) The Secretary of Energy.
(3) The Secretary of Homeland Security.
(4) The Director of National Intelligence.
(5) The Administrator for Nuclear Security.
(6) Such other officials as the President considers appropriate.
(c)
(d)
(1) Identifying and considering the science, technology, and engineering capabilities of the national laboratories that could be leveraged by each participating agency to support national security missions.
(2) Reviewing and assessing the adequacy of the national security science, technology, and engineering capabilities of the national laboratories for supporting national security missions throughout the Federal Government.
(3) Establishing and overseeing means of ensuring that—
(A) capabilities identified by the Council under paragraph (1) are sustained to an appropriate level; and
(B) each participating agency provides the appropriate level of institutional support to sustain such capabilities.
(4) In accordance with acquisition rules regarding federally funded research and development centers, establishing criteria for when each participating agency should seek to use the services of the national laboratories, including the identification of appropriate mission areas and capabilities.
(5) Making recommendations to the President and Congress regarding regulatory or statutory changes needed to better support—
(A) the strategic capabilities of the national laboratories; and
(B) the use of such laboratories by each participating agency.
(6) Other actions the Council considers appropriate with respect to—
(A) the sustainment of the national laboratories; and
(B) the use of the strategic capabilities of such laboratories.
(e)
(1) establish processes to streamline the consideration and approval of procuring the services of the national laboratories on appropriate matters; and
(2) ensure that such processes are used in accordance with the criteria established under subsection (d)(4).
(f)
(1) The term "participating agency" means a department or agency of the Federal Government that is represented on the Council by a member under subsection (b).
(2) The term "national laboratories" means—
(A) each national security laboratory (as defined in section 3281(1) of the National Nuclear Security Administration Act (50 U.S.C. 2471(1))); and
(B) each national laboratory of the Department of Energy.
(Added Pub. L. 112–239, div. A, title X, §1040(a), Jan. 2, 2013, 126 Stat. 1928.)
Pub. L. 112–239, div. A, title X, §1040(d), Jan. 2, 2013, 126 Stat. 1931, provided that: "Nothing in section 188 of title 10, United States Code, as added by subsection (a), shall be construed to limit section 309 of the Homeland Security Act of 2002 (6 U.S.C. 189)."
Pub. L. 112–239, div. A, title X, §1040(c), Jan. 2, 2013, 126 Stat. 1930, provided that:
"(1)
"(A) The actions taken to implement the requirements of such section 188 and the charter titled 'Governance Charter for an Interagency Council on the Strategic Capability of DOE National Laboratories as National Security Assets' signed by the Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence in July 2010.
"(B) The effectiveness of the Council in accomplishing the purpose and objectives of such section and such Charter.
"(C) Efforts to strengthen work-for-others programs at the national laboratories.
"(D) Efforts to make work-for-others opportunities at the national laboratories more cost-effective.
"(E) Ongoing and planned measures for increasing cost-sharing and institutional support investments at the national laboratories from other agencies.
"(F) Any regulatory or statutory changes recommended to improve the ability of such other agencies to leverage expertise and capabilities at the national laboratories.
"(G) The strategic capabilities and core competencies of laboratories and engineering centers operated by the Department of Defense, including identification of mission areas and functions that should be carried out by such laboratories and engineering centers.
"(H) Consistent with the protection of sources and methods, the level of funding and general description of programs that were funded during fiscal year 2012 by—
"(i) the Department of Defense and carried out at the national laboratories; and
"(ii) the Department of Energy and the national laboratories and carried out at the laboratories and engineering centers of the Department of Defense.
"(2)
"(3)
"(A) The congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
"(B) The Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
"(C) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
"(D) The Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
"(E) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate."
(a)
(b)
(2) The Chief Information Officer of the Department of Defense shall serve as chairman of the Board.
(3) The Secretary shall appoint officers in the grade of general or admiral and civilian employees of the Department of Defense in the Senior Executive Service to serve as members of the Board.
(c)
(1) monitor the overall communications security, cryptographic modernization, and key management efforts of the Department, including activities under major defense acquisition programs (as defined in section 4201 of this title), by—
(A) requiring each Chief Information Officer of each military department to report the communications security activities of the military department to the Board;
(B) tracking compliance of each military department with respect to communications security modernization efforts;
(C) validating lifecycle communications security modernization plans for major defense acquisition programs;
(2) validate the need to replace cryptographic equipment based on the expiration dates of the equipment and evaluate the risks of continuing to use cryptographic equipment after such expiration dates;
(3) convene in-depth program reviews for specific cryptographic modernization developments with respect to validating requirements and identifying programmatic risks;
(4) develop a long-term roadmap for communications security to identify potential issues and ensure synchronization with major planning documents; and
(5) advise the Secretary on the cryptographic posture of the Department, including budgetary recommendations.
(d)
(Added Pub. L. 113–66, div. A, title II, §261(a), Dec. 26, 2013, 127 Stat. 724; amended Pub. L. 113–291, div. A, title X, §1071(f)(4), Dec. 19, 2014, 128 Stat. 3510; Pub. L. 116–283, div. A, title XVIII, §1846(i)(2), Jan. 1, 2021, 134 Stat. 4252.)
2021—Subsec. (c)(1). Pub. L. 116–283 substituted "section 4201" for "section 2430(a)".
2014—Subsec. (c)(1). Pub. L. 113–291 substituted "2430(a)" for "139c" in introductory provisions.
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Section, added Pub. L. 114–328, div. A, title VIII, §820(b)(1), Dec. 23, 2016, 130 Stat. 2274; amended Pub. L. 115–91, div. A, title VIII, §804, Dec. 12, 2017, 131 Stat. 1456, related to Defense Cost Accounting Standards Board.