USC Chapter 7

USC Chapter 7
in effect

10 U.S.C. § 171 Armed Forces Policy Council

(a) There is in the Department of Defense an Armed Forces Policy Council consisting of—(1) the Secretary of Defense, as Chairman, with the power of decision; (2) the Deputy Secretary of Defense; (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.

10 U.S.C. § 171a Council on Oversight of the National Leadership Command, Control, and Communications System

(a) Establishment.—There is within the Department of Defense a council to be known as the “Council on Oversight of the National Leadership Command, Control, and Communications System” (in this section referred to as the “Council”). (b) Membership.—The members of the Council shall be as follows:(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) Co-Chair.—The Council shall be co-chaired by the Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff. (d) Responsibilities.—(1) The Council shall be responsible for oversight of the command, control, and communications system for the national leadership of the United States, including nuclear command, control, and communications, 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. (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) Annual Reports.—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, the Council shall submit to the congressional defense committees a report on the activities of the Council. Each report shall include the following:(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) Collection of Assessments on Certain Threats.—The Council shall collect and assess (consistent with the provision of classified information and intelligence sources and methods) all reports and assessments otherwise conducted by the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) regarding foreign threats, including cyber threats, to the command, control, and communications system for the national leadership of the United States and the vulnerabilities of such system to such threats. (g) Budget and Funding Matters.—(1) 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—(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) Reports on Space Architecture Development.—(1) Not less than 90 days before each of the dates on which a system described in paragraph (2) achieves Milestone A or Milestone B approval, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report prepared by the Council detailing the implications of any changes to the architecture of such a system with respect to the systems, capabilities, and programs covered under subsection (d). (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) Notification of Reduction of Certain Warning Time.—(1) None of the funds authorized to be appropriated or otherwise made available to the Department of Defense for any fiscal year may be used to change any command, control, and communications system described in subsection (d)(1) in a manner that reduces the warning time provided to the national leadership of the United States with respect to a warning of a strategic missile attack on the United States unless—(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) Status of Acquisition Programs.—(1) On a quarterly basis, each program manager of a covered acquisition program shall transmit to the co-chairs of the Council, acting through the senior steering group of the Council, a report that identifies—(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) National Leadership of the United States Defined.—In this section, the term “national leadership of the United States” means the following:(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.

10 U.S.C. § 172 Explosive safety board

(a) In General.—The Secretary of Defense, acting through a joint board that includes members selected by the Secretaries of the military departments, composed of military officers designated as the chair and voting members of the board for each military department, and other civilian officers and employees of the Department of Defense, as necessary, shall provide oversight on storage and transportation of supplies of ammunition and components thereof for use of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, with particular regard to keeping those supplies properly dispersed and stored and to preventing hazardous conditions from arising to endanger life and property inside or outside of storage reservations. 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. (b) Oversight by Secretaries of the Military Departments.—The Secretaries of the military departments shall provide research, development, test, evaluation, and manufacturing oversight for energetic materials supporting military requirements. (c) Responsibilities of Chair.—Except as provided in subsection (h), the chair of the explosive safety board shall carry out the following responsibilities:(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) Responsibilities of Executive Director and Civilian Members.—The executive director and civilian members of the explosive safety board shall—(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) Meetings.—(1) The explosive safety board shall meet not less frequently than quarterly. (2) The chair shall submit to the congressional defense committees an annual report describing the activities conducted at the meetings of the board. (f) Exclusive Responsibilities.—The explosive safety board shall have exclusive responsibility within the Department of Defense for—(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) Covered Components.—In this section, the covered components of the Department are each of the following:(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) Explosives Used by Space Launch Vehicles.—(1) The Secretary of Defense shall delegate to the Secretary of the Air Force, who may further delegate to the Commanders of the Space Launch Deltas, the responsibilities under subsection (c) with respect to explosives used by space launch vehicles. (2) In this subsection, the term “launch vehicle” has the meaning given such term in section 50902(11) of title 51.

10 U.S.C. § 173 Advisory personnel

(a) The Secretary of Defense may establish such advisory committees and employ such part-time advisers as he considers necessary for the performance of his functions and those of the agencies under his control. (b) A person who serves as a member of a committee may not be paid for that service while holding another position or office under the United States for which he receives compensation. Other members and part-time advisers shall (except as otherwise specifically authorized by law) serve without compensation for such service.

10 U.S.C. § 174 Advisory personnel: research and development

(a) The Secretary of each military department may establish such advisory committees and panels as are necessary for the research and development activities of his department and may employ such part-time advisers as he considers necessary to carry out those activities. (b) A person who serves as a member of such a committee or panel may not be paid for that service while holding another position or office under the United States for which he receives compensation. Other members and part-time advisers 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.

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

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.

10 U.S.C. § 176 Armed Forces Institute of Pathology

(a)(1) There is in the Department of Defense an Institute to be known as the Armed Forces Institute of Pathology (hereinafter in this section referred to as the “Institute”), which has the responsibilities, functions, authority, and relationships set forth in this section. The 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.

10 U.S.C. § 177 American Registry of Pathology

(a)(1) There is authorized to be established a nonprofit corporation to be known as the American Registry of Pathology which shall not for any purpose be an agency or establishment of the United States Government. The American Registry of Pathology shall be subject to the provisions of this section and, to the extent not inconsistent with this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–501 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.

10 U.S.C. § 178 The Henry M. Jackson Foundation for the Advancement of Military Medicine

(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.

10 U.S.C. § 179 Nuclear Weapons Council

(a) Establishment; Membership.—There is a Nuclear Weapons Council (hereinafter in this section referred to as the “Council”) operated as a joint activity of the Department of Defense and the Department of Energy. The Council shall be the primary mechanism for integrating, streamlining, and ensuring unity of purpose and direction for nuclear deterrence related activities within the Department of Defense and the Department of Energy. The membership of the Council is comprised of the following officers of those departments:(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) Chairman; Meetings.—(1) Except as provided in paragraph (2), the Chairman of the Council shall be the member designated under subsection (a)(1). (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) Staff and Administrative Services; Staff Director.—(1) The Secretary of Defense and the Secretary of Energy shall enter into an agreement with the Council to furnish necessary staff and administrative services to the Council. (2) The Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs shall be the Staff Director of the Council. (d) Responsibilities.—The Council shall be responsible for the following matters:(1) Overseeing nuclear deterrence activities of the Department of Defense and the National Nuclear Security Administration, including policy and resources, and developing options for adjusting the deterrence posture of the United States in response to evolving international security conditions. (2) Preparing the annual Nuclear Weapons Stockpile Memorandum. (3) Developing nuclear weapons stockpiles options and the costs of such options and alternatives. (4) Coordinating and approving programming and budget matters pertaining to nuclear weapons programs between the Department of Defense and the Department of Energy. (5) Identifying various options for cost-effective schedules for nuclear weapons production. (6) Evaluating safety, security, and control issues for existing weapons and for proposed new weapon program starts and approving adjustments as required. (7) Overseeing the approval of design, performance, and cost tradeoffs for all proposed new nuclear weapons programs. (8) Providing specific guidance regarding priorities for research on—(A) nuclear weapon delivery systems and platforms and priorities on military capability development within the armed forces and the broader Department of Defense; and (B) nuclear weapons and priorities among activities, including production, surveillance, research, construction, and any other programs within the National Nuclear Security Administration. (9) Coordinating and approving activities conducted by the Department of Defense and the Department of Energy for the study, development, production, and retirement of nuclear warheads and weapon systems, including concept definition studies, feasibility studies, engineering development, hardware component fabrication, warhead and weapon system production, and warhead retirement. (10) 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 and weapon system programs. (11) 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. (12) Preparing comments on annual proposals for budget levels for research on nuclear weapons and related weapon systems supporting nuclear deterrence missions 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. (13) Coordinating and approving the annual budget proposals of the National Nuclear Security Administration. (14) Overseeing 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 6101), and the delivery systems and platforms for nuclear weapons, including with respect to identifying and analyzing risks and proposing actions to mitigate risks. (e) Report on Difficulties Relating to Safety or Reliability.—The Council shall submit to Congress a report on any analysis conducted by the Council with respect to difficulties at nuclear weapons laboratories or nuclear weapons production plants that have significant bearing on confidence in the safety or reliability of nuclear weapons or nuclear weapon types. (f) Budget and Funding Matters.—(1) The Council shall annually review the plans and budget of the National Nuclear Security Administration and the military departments to assess whether such plans and budget meet the current and projected requirements relating to nuclear weapons and related weapon systems supporting nuclear deterrence missions. (2)(A) The Council shall review each budget request transmitted by the Secretary of Energy to the Council under section 6289 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 6289 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 6289 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) 11 See References in Text note below. 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 6218 22 So in original. Probably should be “6128”.—(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) 1 of this title. (g) Semiannual Updates on Council Meetings.—(1) Not later than February 1 and August 1 of each year, the Council shall provide to the congressional defense committees a semiannual update including, with respect to the six-month period preceding the update—(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.

10 U.S.C. § 180 Service academy athletic programs: review board

(a) Independent Review Board.—The Secretary of Defense shall appoint a board to review the administration of the athletics programs of the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy. (b) Composition of Board.—The Secretary shall appoint the members of the board from among distinguished administrators of institutions of higher education, members of Congress, members of the Boards of Visitors of the academies, and other experts in collegiate athletics programs. The Superintendents of the three academies shall be members of the board. The Secretary shall designate one member of the board, other than a Superintendent of an academy, as Chairman. (c) Duties.—The board shall, on an annual basis—(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) Administrative Provisions.—(1) Each member of the board who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for Executive Schedule Level IV under section 5315 of title 5, for each day (including travel time) during which such member is engaged in the performance of the duties of the board. Members of the board who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (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.

10 U.S.C. § 181 Joint Requirements Oversight Council

(a) In General.—There is a Joint Requirements Oversight Council in the Department of Defense. (b) Mission.—In addition to other matters assigned to it by the President or Secretary of Defense, the Joint Requirements Oversight Council shall assist the Chairman of the Joint Chiefs of Staff in—(1) evaluating global trends, emerging threats, and adversary capabilities to inform understanding of joint operational problems and to shape joint force design; (2) coordinating with commanders of combatant commands to compile, refine, and prioritize joint operational problems; (3) continuously reviewing and assessing joint military capabilities of elements of the Department of Defense listed in section 111(b) of this title in a manner that meets applicable requirements in the national defense strategy under section 113(g) of this title; (4) identifying and prioritizing gaps and opportunities in joint military capabilities, including making recommendations for changes to address such capability and capacity gaps; (5) identifying advances in technology, innovative commercial solutions, and concepts of operation that could improve the military advantage of the joint force; (6) recommending joint capability requirements that—(A) describe the joint operational problem to provide necessary context for the joint capability requirement; (B) proposes nonprescriptive solutions to joint operational problems; and (C) ensures system interoperability, where appropriate, between and among joint military capabilities; (7) designing the joint force in a manner that—(A) addresses joint operational problems; and (B) evaluates force design initiatives of the Armed Forces to recommend acceptance, mitigation, or alternative force designs for the joint force; (8) maintaining a repository of joint operational problems and identification of capabilities to address those problems; and (9) evaluating effect of joint military capability requirements for the purposes of section 4376(a) of this title. (c) Composition.—(1) In general.—The Joint Requirements Oversight Council is composed of the following:(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. (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 of general. (2) Selection of members.—Members of the Council under subparagraphs (B), (C), (D), and (E) of paragraph (1) shall be selected by the Chairman of the Joint Chiefs of Staff, after consultation with the Secretary of Defense, from officers in the grade of general or admiral, as the case may be, who are recommended for selection by the Secretary of the military department concerned. (3) Recommendations.—In making any recommendation to the Chairman of the Joint Chiefs of Staff as described in paragraph (1)(A), the Vice Chairman of the Joint Chiefs of Staff shall provide the Chairman any dissenting view of members of the Council under paragraph (1) with respect to such recommendation. (d) Advisors.—(1) In general.—The following officials of the Department of Defense shall serve as advisors to the Joint Requirements Oversight Council on matters within their authority and expertise:(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) Input from combatant commands.—The Council shall seek and strongly consider input from the commanders of the combatant commands in carrying out its mission under subsection (b). (3) Input from service chiefs.—The Council shall seek and consider the views of the service chiefs in their roles as end users of capabilities delivered by the defense acquisition system on matters pertaining to a capability proposed by an armed force, Defense Agency, or other entity of the Department of Defense. (4) Input from vice chief of the national guard bureau.—The Council shall seek and consider the views of the Vice Chief of the National Guard Bureau regarding non-Federalized National Guard capabilities in support of homeland defense and civil support missions. (5) Input from industry.—The Council shall seek views from private entities on commercially available technology to address joint operational problems or gaps in joint military capabilities. (e) Responsibility for Capability Requirements.—Each service chief is responsible for the capability requirements of the armed force of such service chief. (f) Analytic and Engineering Support.—The Secretary of Defense shall ensure that analytical organizations within the Department of Defense, such as the Office of Cost Assessment and Program Evaluation and mission engineering activities, provide resources and expertise to the Joint Requirements Oversight Council to assist the Council in performing the mission in subsection (b). (g) Availability of Oversight Information to Congressional Defense Committees.—The Secretary of Defense shall ensure that, in the case of a recommendation by the Chairman of the Joint Chiefs of Staff to the Secretary that is approved by the Secretary, oversight information with respect to such recommendation that is produced as a result of the activities of the Joint Requirements Oversight Council is made available in a timely fashion to the congressional defense committees. (h) Definitions.—In this section:(1) The term “joint capability requirement” means a capability that is critical or essential to address a joint operational problem. (2) 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. (3) The term “joint operational problem”—(A) means a challenge across the joint force in achieving an assigned military objective based on current doctrine, emerging threats or future concepts; and (B) may include limitations in capabilities, capacity, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, or among joint military capabilities. (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. (5) The term “service chief” has the meaning given in section 3101 of this title.

10 U.S.C. § 182 Center for Excellence in Disaster Management and Humanitarian Assistance

(a) Establishment.—The Secretary of Defense may operate a Center for Excellence in Disaster Management and Humanitarian Assistance (in this section referred to as the “Center”). (b) Missions.—(1) The Center shall be used to provide and facilitate education, training, and research in civil-military operations, particularly operations that require international disaster management and humanitarian assistance and operations that require coordination between the Department of Defense and other agencies. (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) Joint Operation With Educational Institution Authorized.—The Secretary of Defense may enter into an agreement with appropriate officials of an institution of higher education to provide for joint operation of the Center. Any such agreement shall provide for the institution to furnish necessary administrative services for the Center, including administration and allocation of funds. (d) Acceptance of Donations.—(1) Except as provided in paragraph (2), the Secretary of Defense may accept, on behalf of the Center, donations to be used to defray the costs of the Center or to enhance the operation of the Center. Such donations may be accepted from any agency of the Federal Government, any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized or operates under the laws of a foreign country), or any other private source in the United States or a foreign country. (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.

10 U.S.C. § 182a Center for Excellence in Environmental Security

(a) Establishment.—The Secretary of Defense may operate a Center for Excellence in Environmental Security (in this section referred to as the “Center”). (b) Missions.—(1) The Center shall be used to provide and facilitate education, training, and research in civil-military operations, particularly operations that require international assistance and operations that require coordination between the Department of Defense and other Federal agencies. (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) Joint Operation With Educational Institution Authorized.—The Secretary of Defense may enter into an agreement with appropriate officials of an institution of higher education to provide for the operation of the Center. Any such agreement shall provide for the institution to furnish necessary administrative services for the Center, including by directly providing such services or providing the funds for such services. (d) Acceptance of Donations.—(1) Except as provided in paragraph (2), the Secretary of Defense may accept, on behalf of the Center, donations to be used to defray the costs of the Center or to enhance the operation of the Center. Such donations may be accepted from any agency of the Federal Government, any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized or operates under the laws of a foreign country), or any other private source in the United States or a foreign country. (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.

10 U.S.C. § 183 Department of Defense Board of Actuaries

(a) In General.—There shall be in the Department of Defense a Department of Defense Board of Actuaries (hereinafter in this section referred to as the “Board”). (b) Members.—(1) The Board shall consist of three members who shall be appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries. (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) Duties.—The Board shall have the following duties:(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) Records.—The Secretary of Defense shall ensure that the Board has access to such records regarding the funds referred to in subsection (c) as the Board shall require to determine the actuarial status of such funds. (e) Reports.—(1) The Board shall submit to the Secretary of Defense on an annual basis a report on the actuarial status of each of the following:(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.

10 U.S.C. § 183a Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions

(a) Establishment.—(1) The Secretary of Defense shall establish a Military Aviation and Installation Assurance Siting Clearinghouse (in this section referred to as the “Clearinghouse”). (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) Functions.—(1) The Clearinghouse shall coordinate Department of Defense review of applications for energy projects or antenna structure projects filed with the Secretary of Transportation pursuant to section 44718 of title 49 and received by the Department of Defense from the Secretary of Transportation. In performing such coordination, the Clearinghouse shall provide procedures to ensure affected local military installations are consulted. (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) Review of Proposed Actions.—(1) Not later than 75 days after receiving from the Secretary of Transportation a proper application for an energy project or antenna structure project under section 44718 of title 49 that may have an adverse impact on military operations and readiness, the Clearinghouse shall conduct a preliminary review of such application. The review shall—(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) Comprehensive Review.—(1) The Secretary of Defense shall develop a comprehensive strategy for addressing the impacts upon the military of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49. (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) Department of Defense Finding of Unacceptable Risk.—(1)(A) The Secretary of Defense may not object to an energy project or antenna structure project filed with the Secretary of Transportation pursuant to section 44718 of title 49, except in a case in which the Secretary of Defense determines, after giving full consideration to mitigation actions identified pursuant to this section, that such project, in isolation or cumulatively with other projects, would result in an unacceptable risk to the national security of the United States. (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) Authority to Accept Contributions of Funds.—The Secretary of Defense is authorized to request and accept a voluntary contribution of funds from an applicant for an energy project or antenna structure project. Amounts so accepted shall remain available until expended for the purpose of offsetting the cost of measures undertaken by the Secretary of Defense to mitigate adverse impacts of such a project on military operations and readiness or to conduct studies of potential measures to mitigate such impacts. (g) Effect of Department of Defense Hazard Assessment.—An action taken pursuant to this section shall not be considered to be a substitute for any assessment or determination required of the Secretary of Transportation under section 44718 of title 49. (h) Definitions.—In this section:(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 by law; 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, 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.

10 U.S.C. § 184 Civilian Protection Center of Excellence

(a) Establishment.—The Secretary of Defense shall operate the Civilian Protection Center of Excellence. The purpose of the Center shall be to—(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) Purpose.—The Center shall be used to—(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) Annual Report.—The Secretary of Defense shall submit to the congressional defense committees, and make publicly available on an appropriate website of the Department, an annual report on the activities of the Center.

10 U.S.C. § 185 Joint Safety Council

(a) In General.—There is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the “Council”). (b) Membership; Appointment; Compensation.—(1) The Council shall be composed of voting members as follows:(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) Chairperson and Vice Chairperson.—(1)(A) The Secretary of Defense, or the designee of the Secretary, shall select one of the members of the Council who is a member of the armed forces to serve as the Chairperson of the Council. (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) Responsibilities.—The Council shall carry out the following responsibilities:(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) Oversight.—The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. (f) Staff.—(1) The Council may appoint staff in accordance with section 3101 of title 5. (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) Contract Authority.—The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. (h) Procurement of Temporary and Intermittent Services.—The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (i) Data Collection.—(1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes. (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) Meetings.—The Council shall meet quarterly and at the call of the Chairperson. (k) Reports.—(1) The Chairperson of the Council shall submit to the congressional defense committees biannual reports on the activities of the Council. (2) Not later than December 31 of each year, the Deputy Secretary of Defense shall submit to the congressional defense committees an annual 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; (B) an assessment by the Deputy Secretary of the activities of the Council carried out during the year preceding the date of such submission; and (C) for the year covered by the report—(i) releasable information regarding any mishap that occurred during such year; and (ii) an identification of any corrective or preventative action implemented pursuant to a recommendation made in a safety or legal investigation report of such a mishap. (l) Biannual Briefings.—Not later than March 31 and December 31 of each year, the Chairperson of the Council shall provide to the congressional defense committees a briefing on the contents of the report required to be submitted under subsection (k)(1) that covers the six-month period preceding the date of the briefing.

10 U.S.C. § 188 Interagency Council on the Strategic Capability of the National Laboratories

(a) Establishment.—There is an Interagency Council on the Strategic Capability of the National Laboratories (in this section referred to as the “Council”). (b) Membership.—The membership of the Council is comprised of the following:(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) Structure and Procedures.—The President may determine the chair, structure, staff, and procedures of the Council. (d) Responsibilities.—The Council shall be responsible for the following matters:(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) Streamlined Process.—With respect to the participating agency for which a member of the Council is the head of, each member of the Council shall—(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) Definitions.—In this section:(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.

10 U.S.C. § 189 Communications Security Review and Advisory Board

(a) Establishment.—There shall be in the Department of Defense a Communications Security Review and Advisory Board (in this section referred to as the “Board”) to review and assess the communications security, cryptographic modernization, and related key management activities of the Department and provide advice to the Secretary with respect to such activities. (b) Members.—(1) The Secretary shall determine the number of members of the Board. (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) Responsibilities.—The Board shall—(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) Exclusion of Certain Programs.—The Board shall not include the consideration of programs funded under the National Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6))) in carrying out this section.

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