§ 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; and
  • (16) the Commandant of the Marine Corps.
• (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.

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

• (a) 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) 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) Such other officers of the Department of Defense as the Secretary may designate.
• (c) 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)
  • (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) 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) 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)
  • (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)
  • (1) The Secretary of Defense shall submit to the congressional defense committees written notification of an anomaly in the nuclear command, control, and communications system for the national leadership of the United States that is reported to the Secretary or the Council by not later than 14 days after the date on which the Secretary or the Council learns of such anomaly, as the case may be.
  • (2) In this subsection, the term “anomaly” means any unplanned, irregular, or abnormal event, whether unexplained or caused intentionally or unintentionally by a person or a system.
• (i)
  • (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 Acquisitions 1 1 So in original. Probably should be “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 2366(e) and 2366a(d) of this title.
• (j)
  • (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.
• (k)
  • (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.
• (l) 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.

§ 172. Explosive safety board

• (a) 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, 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) The Secretaries of the military departments shall provide research, development, test, evaluation, and manufacturing oversight for energetic materials supporting military requirements.

§ 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.

§ 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.

§ 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 .

§ 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.

§ 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.

§ 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.

§ 179. Nuclear Weapons Council

• (a) 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 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)
  • (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)
  • (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, Chemical, and Biological Defense Programs shall be the Staff Director of the Council.
  • (3)
    • (A) Whenever the position of Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs has been vacant a period of more than 6 months, the Secretary of Energy shall designate a qualified individual to serve as acting staff director of the Council until the position of Assistant Secretary is filled.
    • (B) An individual designated under subparagraph (A) shall possess substantial technical and policy experience relevant to the management and oversight of nuclear weapons programs.
• (d) The Council shall be responsible for the following matters:
  • (1) Preparing the annual Nuclear Weapons Stockpile Memorandum.
  • (2) Developing nuclear weapons stockpiles options and the costs of such options and alternatives.
  • (3) Coordinating and approving programming and budget matters pertaining to nuclear weapons programs between the Department of Defense and the Department of Energy.
  • (4) Identifying various options for cost-effective schedules for nuclear weapons production.
  • (5) Considering safety, security, and control issues for existing weapons and for proposed new weapon program starts.
  • (6) Ensuring that adequate consideration is given to design, performance, and cost tradeoffs for all proposed new nuclear weapons programs.
  • (7) Providing specific guidance regarding priorities for research on nuclear weapons and priorities among activities, including production, surveillance, research, construction, and any other programs within the National Nuclear Security Administration.
  • (8) Coordinating and approving activities conducted by the Department of Energy for the study, development, production, and retirement of nuclear warheads, including concept definition studies, feasibility studies, engineering development, hardware component fabrication, warhead production, and warhead retirement.
  • (9) Preparing comments on annual proposals for budget levels for research on nuclear weapons and transmitting those comments to the Secretary of Defense and the Secretary of Energy before the preparation of the annual budget requests by the Secretaries of those departments.
  • (10) Coordinating and approving the annual budget proposals of the National Nuclear Security Administration.
  • (11) Providing—
    • (A) broad guidance regarding priorities for research on improved conventional weapons, and
    • (B) comments on annual proposals for budget levels for research on improved conventional weapons,
• (e) 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)
  • (1) The Council shall submit to Congress each year, at the same time the budget of the President for the fiscal year beginning in such year is submitted to Congress pursuant to section 1105(a) of title 31 , a certification whether or not the amounts requested for the National Nuclear Security Administration in such budget, and anticipated over the four fiscal years following such budget, meets nuclear stockpile and stockpile stewardship program requirements for such fiscal year and over such four fiscal years. If a member of the Council does not concur in a certification, the certification shall include the reasons for the member’s non-concurrence.
  • (2) If a House of Congress adopts a bill authorizing or appropriating funds for the National Nuclear Security Administration for nuclear stockpile and stockpile stewardship program activities or other activities 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.
  • (3)
    • (A) With respect to the preparation of a budget for a fiscal year to be submitted by the President to Congress under section 1105(a) of title 31 , the Secretary of Defense may not agree to a proposed transfer of estimated nuclear budget request authority unless the Secretary of Defense submits to the congressional defense committees a report described in subparagraph (B).
    • (B) A report described in this subparagraph is a report that includes the following:
      • (i) Except as provided by subparagraph (C), certification that, during the fiscal year prior to the fiscal year covered by the budget for which the report is submitted, the Secretary of Energy obligated or expended any amounts covered by a proposed transfer of estimated nuclear budget request authority made for such prior fiscal year in a manner consistent with a memorandum of agreement that was developed by the Nuclear Weapons Council and entered into by the Secretary of Defense and the Secretary of Energy.
      • (ii) A detailed assessment by the Nuclear Weapons Council regarding how the Administrator for Nuclear Security implemented any agreements and decisions of the Council made during such prior fiscal year.
      • (iii) An assessment from each of the Chairman of the Joint Chiefs of Staff and the Commander of the United States Strategic Command regarding any effects to the military during such prior fiscal year that were caused by the delay or failure of the Administrator to implement any agreements or decisions described in clause (ii).
    • (C) With respect to a report described in subparagraph (B), the Secretary may waive the requirement to include the certification described in clause (i) of such subparagraph if the Secretary—
      • (i) determines that such waiver is in the national security interests of the United States; and
      • (ii) instead of the certification described in such clause (i), includes as part of such report—
        • (I) a copy of the agreement that the Secretary has entered into with the Secretary of Energy regarding the manner and the purpose for which the Secretary of Energy will obligate or expend any amounts covered by a proposed transfer of estimated nuclear budget request authority for the fiscal year covered by the budget for which such report is submitted; and
        • (II) an explanation for why the Secretary did not include such certification in such report.
  • (4) The Secretary of Defense shall include with the defense budget materials for a fiscal year the memorandum of agreement described in subparagraph (B)(i) of paragraph (3), or the agreement described in subparagraph (C) of such paragraph, as the case may be, that covers such fiscal year.
  • (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) If a House of Congress adopts a bill authorizing or appropriating funds for the Department of Defense that, as determined by the Council, provides funds in an amount that will result in a delay in the nuclear certification or delivery of F–35A dual-capable aircraft, the Council shall notify the congressional defense committees of the determination.
  • (7) In this subsection:
    • (A) The term “budget” has the meaning given that term in section 231(f) of this title .
    • (B) The term “defense budget materials” has the meaning given that term in section 231(f) of this title .
    • (C) The term “proposed transfer of estimated nuclear budget request authority” means, in preparing a budget, a request for the Secretary of Defense to transfer an estimated amount of the proposed budget authority of the Secretary to the Secretary of Energy for purposes relating to nuclear weapons.
• (g)
  • (1) Not later than February 1 and August 1 of each year, the Council shall provide to the congressional defense committees a briefing on, with respect to the six-month period preceding the briefing—
    • (A) the dates on which the Council met; 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 briefing 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 briefing.

§ 180. Service academy athletic programs: review board

• (a) 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) 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) 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)
  • (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.

§ 181. Joint Requirements Oversight Council

• (a) There is a Joint Requirements Oversight Council in the Department of Defense.
• (b) 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) assessing joint military capabilities, and identifying, approving, and prioritizing gaps in such capabilities, to meet applicable requirements in the national defense strategy under section 113(g) of this title ;
  • (2) reviewing and validating whether a capability proposed by an armed force, Defense Agency, or other entity of the Department of Defense fulfills a gap in joint military capabilities;
  • (3) establishing and approving joint performance requirements that—
    • (A) ensure interoperability, where appropriate, between and among joint military capabilities; and
    • (B) are necessary, as designated by the Chairman of the Joint Chiefs of Staff, to fulfill capability gaps of more than one armed force, Defense Agency, or other entity of the Department;
  • (4) reviewing performance requirements for any existing or proposed capability that the Chairman of the Joint Chiefs of Staff determines should be reviewed by the Council;
  • (5) identifying new joint military capabilities based on advances in technology and concepts of operation; and
  • (6) identifying alternatives to any acquisition program that meets approved joint military capability requirements for the purposes of sections 2366a(b), 2366b(a)(4), and 2433(e)(2) of this title.
• (c)
  • (1) 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 or joint performance requirements.
    • (B) An Army officer in the grade of general.
    • (C) A Navy officer in the grade of admiral.
    • (D) An Air Force officer in the grade of general.
    • (E) A Marine Corps officer in the grade of general.
  • (2) 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) 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)
  • (1) 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 1 1 So in original. Probably should be capitalized. Under Secretary of Defense for Research and Engineering.
    • (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) The Council shall seek and consider input from the commanders of the combatant commands in carrying out its mission under paragraphs (1) and (2) of subsection (b).
  • (3) The Council shall seek, and strongly consider, the views of the Chiefs of Staff of the armed forces, in their roles as customers of the acquisition system, on matters pertaining to a capability proposed by an armed force, Defense Agency, or other entity of the Department of Defense under subsection (b)(2) and joint performance requirements pursuant to subsection (b)(3).
• (e) The Chief of Staff of an armed force is responsible for all performance requirements for that armed force and, except for performance requirements specified in subsections (b)(4) and (b)(5), such performance requirements do not need to be validated by the Joint Requirements Oversight Council.
• (f) The Secretary of Defense shall ensure that analytical organizations within the Department of Defense, such as the Office of Cost Assessment and Program Evaluation, provide resources and expertise in operations research, systems analysis, and cost estimation to the Joint Requirements Oversight Council to assist the Council in performing the mission in subsection (b).
• (g) 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) In this section:
  • (1) The term “joint military capabilities” means the collective capabilities across the joint force, including both joint and force-specific capabilities, that are available to conduct military operations.
  • (2) The term “performance requirement” means a performance attribute of a particular system considered critical or essential to the development of an effective military capability.
  • (3) The term “joint performance requirement” means a performance requirement that is critical or essential to ensure interoperability or fulfill a capability gap of more than one armed force, Defense Agency, or other entity of the Department of Defense, or impacts the joint force in other ways such as logistics.
  • (4) The term “oversight information” means information and materials comprising analysis and justification that are prepared to support a recommendation that is made to, and approved by, the Secretary of Defense.

§ 182. Center for Excellence in Disaster Management and Humanitarian Assistance

• (a) 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)
  • (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) 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)
  • (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.

§ 183. Department of Defense Board of Actuaries

• (a) 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)
  • (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) 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) 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)
  • (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.

§ 183a. Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions

• (a)
  • (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)
  • (1) The Clearinghouse shall coordinate Department of Defense review of applications for energy 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 submitted pursuant to such section.
  • (3) The Clearinghouse shall perform such other functions as the Secretary of Defense assigns.
• (c)
  • (1) Not later than 75 days after receiving from the Secretary of Transportation a proper application for an energy 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 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 others to mitigate the adverse impact and to minimize risks to national security while allowing the energy project to proceed with development.
  • (2) If the Clearinghouse finds under paragraph (1) that an energy 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.
  • (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 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) 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 filed with the Secretary of Transportation pursuant to section 44718 of title 49 that may have an adverse impact on military operations and readiness.
  • (5) 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, including guidance to personnel at each military installation in the United States on how to initiate such procedures and ensure a coordinated Department response.
  • (6) The Clearinghouse shall develop procedures for conducting early outreach to parties carrying out energy 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. Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity. 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.
• (d)
  • (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, 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, or a Deputy Under Secretary of Defense; 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)
  • (1) The Secretary of Defense may not object to an energy 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. The Secretary of Defense’s finding of unacceptable risk to national security 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) The Secretary of Defense is authorized to request and accept a voluntary contribution of funds from an applicant for an energy 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) 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) 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 “energy project” means a project that provides for the generation or transmission of electrical energy.
  • (3) The term “governor”, with respect to a State, means the chief executive officer of the State.
  • (4) The term “landowner” means a person that owns a fee interest in real property on which a proposed energy project is planned to be located.
  • (5) The term “military installation” has the meaning given that term in section 2801(c)(4) of this title .
  • (6) The term “military readiness” includes any training or operation that could be related to combat readiness, including testing and evaluation activities.
  • (7) 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.
  • (8) 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.
  • (9) 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.

§ 187. Strategic Materials Protection Board

• (a)
  • (1) The Secretary of Defense shall establish a Strategic Materials Protection Board.
  • (2) The Board shall be composed of the following:
    • (A) The Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy, who shall be the chairman of the Board.
    • (B) The Administrator of the Defense Logistics Agency Strategic Materials, or any successor organization, who shall be the vice chairman of the Board.
    • (C) A designee of the Assistant Secretary of the Army for Acquisition, Logistics, and Technology.
    • (D) A designee of the Assistant Secretary of the Navy for Research, Development, and Acquisition.
    • (E) A designee of the Assistant Secretary of the Air Force for Acquisition. 1 1 See Change of Name note below.
• (b) In addition to other matters assigned to it by the Secretary of Defense, the Board shall—
  • (1) determine the need to provide a long term secure supply of materials designated as critical to national security to ensure that national defense needs are met;
  • (2) analyze the risk associated with each material designated as critical to national security and the effect on national defense that the nonavailability of such material would have;
  • (3) recommend a strategy to the Secretary to ensure a secure supply of materials designated as critical to national security;
  • (4) recommend such other strategies to the Secretary as the Board considers appropriate to strengthen the industrial base with respect to materials critical to national security; and
  • (5) publish not less frequently than once every two years in the Federal Register recommendations regarding materials critical to national security, including a list of specialty metals, if any, recommended for addition to, or removal from, the definition of “specialty metal” for purposes of section 2533b of this title .
• (c) The Board shall meet as determined necessary by the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy but not less frequently than once every two years to make recommendations regarding materials critical to national security as described in subsection (b)(5).
• (d)
  • (1) Subject to paragraph (2), after each meeting of the Board, the Board shall prepare a report containing the results of the meeting and such recommendations as the Board determines appropriate. Each such report shall be submitted to the congressional defense committees, together with comments and recommendations from the Secretary of Defense, not later than 90 days after the meeting covered by the report.
  • (2) In any year in which the Board meets more than once, each report prepared by the Board as required by paragraph (1) may be combined into one annual report and submitted as provided by paragraph (1) not later than 90 days after the last meeting of the year.
• (e) In this section:
  • (1) The term “materials critical to national security” means materials—
    • (A) upon which the production or sustainment of military equipment is dependent; and
    • (B) the supply of which could be restricted by actions or events outside the control of the Government of the United States.
  • (2) The term “military equipment” means equipment used directly by the armed forces to carry out military operations.
  • (3) The term “secure supply”, with respect to a material, means the availability of a source or sources for the material, including the full supply chain for the material and components containing the material.

§ 188. Interagency Council on the Strategic Capability of the National Laboratories

• (a) There is an Interagency Council on the Strategic Capability of the National Laboratories (in this section referred to as the “Council”).
• (b) 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) The President may determine the chair, structure, staff, and procedures of the Council.
• (d) 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) 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) 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.

§ 189. Communications Security Review and Advisory Board

• (a) 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)
  • (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) 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 2430(a) 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) 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.