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Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

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Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "10 U.S.C. § 171"
description: "Armed Forces Policy Council"
jurisdiction: "us"
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title_number: 10
title_name: "ARMED FORCES"
chapter_number: "7"
chapter_name: "BOARDS, COUNCILS, AND COMMITTEES"
section: "171"
citation: "10 U.S.C. § 171"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 10 U.S.C. § 171 - Armed Forces Policy Council
## Text
(a) There is in the Department of Defense an Armed Forces Policy Council consisting of—
(1) the Secretary of Defense, as Chairman, with the power of decision;
(2) the Deputy Secretary of Defense;
(3) the Under Secretary of Defense for Acquisition and Sustainment;
(4) the Under Secretary of Defense for Research and Engineering;
(5) the Secretary of the Army;
(6) the Secretary of the Navy;
(7) the Secretary of the Air Force;
(8) the Under Secretary of Defense for Policy;
(9) the Deputy Under Secretary of Defense for Acquisition and Technology;
(10) the Deputy Under Secretary of Defense for Research and Engineering;
(11) the Deputy Under Secretary of Defense for Acquisition and Sustainment;
(12) the Chairman of the Joint Chiefs of Staff;
(13) the Chief of Staff of the Army;
(14) the Chief of Naval Operations;
(15) the Chief of Staff of the Air Force;
(16) the Commandant of the Marine Corps; and
(17) the Chief of Space Operations.
(b) The Armed Forces Policy Council shall advise the Secretary of Defense on matters of broad policy relating to the armed forces and shall consider and report on such other matters as the Secretary of Defense may direct.
(Aug. 10, 1956, ch. 1041, 70A Stat. 8; Pub. L. 85–599, § 9(c), Aug. 6, 1958, 72 Stat. 521; Pub. L. 92–596, § 5, Oct. 27, 1972, 86 Stat. 1318; Pub. L. 95–140, § 3(b), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 98–94, title XII, § 1213, Sept. 24, 1983, 97 Stat. 687; Pub. L. 99–500, § 101(c) [title X, § 903(e)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–133, and Pub. L. 99–591, § 101(c) [title X, § 903(e)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–133; Pub. L. 99–661, div. A, title IX, formerly title IV, § 903(e), Nov. 14, 1986, 100 Stat. 3912, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103–160, div. A, title IX, § 904(d)(1), (3), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 116–92, div. A, title IX, § 902(6), Dec. 20, 2019, 133 Stat. 1543; Pub. L. 116–283, div. A, title IX, § 924(b)(8), Jan. 1, 2021, 134 Stat. 3822.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 171(a) 171(b)5:171e (less last sentence).5:171e (last sentence).July 26, 1947, ch. 343, § 210; restated Aug. 10, 1949, ch. 412, § 7(a), 63 Stat. 581.
Editorial Notes
Codification Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments2021—Subsec. (a)(17). Pub. L. 116–283 added par. (17). 2019—Subsec. (a)(3). Pub. L. 116–92, § 902(6)(A), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”. Subsec. (a)(4) to (16). Pub. L. 116–92, § 902(6)(B)–(E), added par. (4), redesignated former pars. (4) to (8) as (5) to (9), respectively, added pars. (10) and (11), and redesignated former pars. (9) to (13) as (12) to (16), respectively. 2001—Subsec. (a)(3). Pub. L. 107–107 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”. 1993—Subsec. (a)(3). Pub. L. 103–160, § 904(d)(1), substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”. Subsec. (a)(8). Pub. L. 103–160, § 904(d)(3), substituted “Deputy Under Secretary of Defense for Acquisition and Technology” for “Deputy Under Secretary of Defense for Acquisition”. 1986—Subsec. (a)(3) to (13) Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 amended subsec. (a) identically, redesignating pars. (3) to (11) as (4), (5), (6), (7), (9), (10), (11), (12), and (13), respectively, adding new pars. (3) and (8), and substituting “the Under Secretary of Defense for Acquisition” for “the Under Secretaries of Defense” in par. (7). 1983—Subsec. (a)(11). Pub. L. 98–94 added par. (11). 1977—Subsec. (a)(2). Pub. L. 95–140, § 3(b)(1), substituted “the Deputy” for “a Deputy”. Subsec. (a)(6). Pub. L. 95–140, § 3(b)(2), substituted “the Under Secretaries of Defense;” for “the Director of Defense Research and Engineering;”. 1972—Subsec. (a)(2). Pub. L. 92–596 substituted “a Deputy Secretary” for “the Deputy Secretary”. 1958—Subsec. (a)(6) to (10). Pub. L. 85–599 added par. (6) and redesignated former pars. (6) to (9) as (7) to (10), respectively.
Statutory Notes and Related Subsidiaries
Short Title of 1983 AmendmentPub. L. 98–36, § 1, May 27, 1983, 97 Stat. 200, provided: “That this Act [enacting section 178 of this title and amending section 2113 of this title] may be cited as the ‘Foundation for the Advancement of Military Medicine Act of 1983’.”
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---
type: "LegalText"
title: "10 U.S.C. § 171a"
description: "Council on Oversight of the National Leadership Command, Control, and Communications System"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 10
title_name: "ARMED FORCES"
chapter_number: "7"
chapter_name: "BOARDS, COUNCILS, AND COMMITTEES"
section: "171a"
citation: "10 U.S.C. § 171a"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 10 U.S.C. § 171a - Council on Oversight of the National Leadership Command, Control, and Communications System
## Text
(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.
(Added Pub. L. 113–66, div. A, title X, § 1052(a)(1), Dec. 26, 2013, 127 Stat. 859; amended Pub. L. 114–92, div. A, title XVI, § 1651, Nov. 25, 2015, 129 Stat. 1121; Pub. L. 114–328, div. A, title XVI, § 1661, Dec. 23, 2016, 130 Stat. 2613; Pub. L. 115–91, div. A, title X, § 1081(a)(13), title XVI, § 1654(a)(1), Dec. 12, 2017, 131 Stat. 1595, 1758; Pub. L. 116–92, div. A, title XVI, § 1661, Dec. 20, 2019, 133 Stat. 1772; Pub. L. 116–283, div. A, title X, § 1081(a)(10), title XVIII, § 1845(c)(2), Jan. 1, 2021, 134 Stat. 3871, 4247; Pub. L. 117–81, div. A, title XVII, §§ 1701(b)(14), 1702(a)(1), Dec. 27, 2021, 135 Stat. 2134, 2155; Pub. L. 117–263, div. A, title XVI, §§ 1636(c), 1672(a), Dec. 23, 2022, 136 Stat. 2940, 2959.)
## Notes
Editorial Notes
Amendments2022—Subsec. (b)(7), (8). Pub. L. 117–263, § 1672(a), added par. (7) and redesignated former par. (7) as (8). Subsecs. (h) to (l). Pub. L. 117–263, § 1636(c), redesignated subsecs. (i) to (l) as (h) to (k), respectively, and struck out former subsec. (h). Prior to amendment, text of subsec. (h) read as follows: “(1) The Secretary of Defense shall submit to the congressional defense committees written notification of an anomaly in the nuclear command, control, and communications system for the national leadership of the United States that is reported to the Secretary or the Council by not later than 14 days after the date on which the Secretary or the Council learns of such anomaly, as the case may be. “(2) In this subsection, the term ‘anomaly’ means any unplanned, irregular, or abnormal event, whether unexplained or caused intentionally or unintentionally by a person or a system.” 2021—Subsec. (i)(1). Pub. L. 116–283, § 1081(a)(10), substituted “Acquisition” for “Acquisitions”. Subsec. (i)(3). Pub. L. 117–81, § 1702(a)(1), substituted “4251(d)” for “2366a(d)”. Pub. L. 116–283, § 1845(c)(2), as amended by Pub. L. 117–81, § 1701(b)(14), substituted “sections 4172(e)” for “sections 2366(e)”. 2019—Pub. L. 116–92 substituted “and Sustainment” for “, Technology, and Logistics” wherever appearing. 2017—Subsec. (f). Pub. L. 115–91, § 1081(a)(13)(A), substituted “(50 U.S.C. 3003(4)))” for “(50 U.S.C. 3003(4))”. Subsec. (i)(3). Pub. L. 115–91, § 1081(a)(13)(B), substituted “sections 2366(e) and 2366a(d)” for “section 2366(e)”. Subsecs. (k), (l). Pub. L. 115–91, § 1654(a)(1), added subsec. (k) and redesignated former subsec. (k) as (l). 2016—Subsec. (d)(1). Pub. L. 114–328, § 1661(a)(1), inserted “, and including with respect to the integrated tactical warning and attack assessment systems, processes, and enablers, and continuity of the governmental functions of the Department of Defense” before period at end. Subsec. (d)(2)(C). Pub. L. 114–328, § 1661(a)(2), inserted “(including space system architectures and associated user terminals and ground segments)” before period at end. Subsec. (e). Pub. L. 114–328, § 1661(c)(1), substituted “During the period preceding January 31, 2021, at the same time each year that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31, and from time to time after such period at the discretion of the Council,” for “At the same time each year that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31,” in introductory provisions. Subsec. (e)(6). Pub. L. 114–328, § 1661(c)(2), added par. (6). Subsecs. (i) to (k). Pub. L. 114–328, § 1661(b), added subsecs. (i) and (j) and redesignated former subsec. (i) as (k). 2015—Subsec. (e)(5). Pub. L. 114–92, § 1651(3), added par. (5). Subsecs. (f) to (i). Pub. L. 114–92, § 1651(1), (2), added subsec. (f) and redesignated former subsecs. (f) to (h) as (g) to (i), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by section 1701(b)(14) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1845(c)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Department of Defense InstructionPub. L. 115–91, div. A, title XVI, § 1654(a)(2), Dec. 12, 2017, 131 Stat. 1759, provided that: “The Secretary of Defense shall issue a Department of Defense Instruction, or revise such an Instruction, to ensure that program managers carry out subsection (k)(1) of section 171a of title 10, United States Code, as added by paragraph (1).”
Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsecs. (e) and (g)(2) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
Execution and Programmatic OversightPub. L. 115–91, div. A, title XVI, § 1654(b), Dec. 12, 2017, 131 Stat. 1759, provided that: “(1) Database.—Not later than one year after the date of the enactment of this Act [Dec. 12, 2017], the Chief Information Officer of the Department of Defense, as Executive Secretary of the Council on Oversight of the National Leadership Command, Control, and Communications System established under section 171a of title 10, United States Code (or a successor to the Chief Information Officer assigned responsibility for policy, oversight, guidance, and coordination for nuclear command and control systems), shall, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, develop a database relating to the execution of all nuclear command, control, and communications acquisition programs of the Department of Defense with an approved Materiel Development Decision. The database shall be updated not less frequently than annually and upon completion of a major program element of such a program. “(2) Database elements.—The database required by paragraph (1) shall include, at a minimum, the following elements for each program described in that paragraph, consistent with Department of Defense Instruction 5000.02:“(A) Projected dates for Milestones A, B, and C, including cost thresholds and objectives for major elements of life cycle cost. “(B) Projected dates for program design reviews and critical design reviews. “(C) Projected dates for developmental and operation tests. “(D) Projected dates for initial operational capability and final operational capability. “(E) An acquisition program baseline. “(F) Program acquisition unit cost and average procurement unit cost. “(G) Contract type. “(H) Key performance parameters. “(I) Key system attributes. “(J) A risk register. “(K) Technology readiness levels. “(L) Manufacturing readiness levels. “(M) Integration readiness levels. “(N) Any other critical elements that affect the stability of the program. “(3) Briefings.—The co-chairs of the Council on Oversight of the National Leadership Command, Control, and Communications System shall brief the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on the status of the database required by paragraph (1)—“(A) not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017]; and “(B) upon completion of the database.”
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title: "10 U.S.C. § 172"
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title_name: "ARMED FORCES"
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citation: "10 U.S.C. § 172"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 10 U.S.C. § 172 - Explosive safety board
## Text
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 8; Pub. L. 104–201, div. A, title IX, § 909, Sept. 23, 1996, 110 Stat. 2621; Pub. L. 111–383, div. A, title X, § 1075(b)(7), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 115–91, div. A, title III, § 341(a), (b)(1), Dec. 12, 2017, 131 Stat. 1361; Pub. L. 115–232, div. A, title III, § 351, Aug. 13, 2018, 132 Stat. 1730; Pub. L. 116–283, div. A, title III, § 351(a), title IX, § 924(b)(2)(A)(ii), Jan. 1, 2021, 134 Stat. 3542, 3821; Pub. L. 118–31, div. A, title XVI, § 1601(a), title XVIII, § 1801(a)(2), Dec. 22, 2023, 137 Stat. 583, 683.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 172(a)172(b)50:83 (less last sentence).50:83 (last sentence).May 29, 1928, ch. 853 (last par. under “Ordnance Establishment”), 45 Stat. 928. In subsection (a), the words “informed on stored” are substituted for the words “advised of storage”. The words “particular regard” are substituted for the words “special reference”. The words “inside or outside of” are substituted for the words “within or without”. The word “selected” is substituted for the word “appointed”, since the filling of the position involved is not appointment to an office in the constitutional sense. In subsection (b), the words “in carrying out” are substituted for the words “in the execution of”.
Editorial Notes
Amendments2023—Subsec. (c). Pub. L. 118–31, § 1601(a)(1), substituted “Except as provided in subsection (h), the chair” for “The chair” in introductory provisions. Subsec. (c)(5). Pub. L. 118–31, § 1801(a)(2)(A), substituted “perform” for “performs”. Subsec. (c)(11). Pub. L. 118–31, § 1801(a)(2)(B), substituted “establish” for “establishes”. Subsec. (c)(13). Pub. L. 118–31, § 1801(a)(2)(C), substituted “conduct” for “conducts”. Subsec. (h). Pub. L. 118–31, § 1601(a)(2), added subsec. (h). 2021—Subsec. (a). Pub. L. 116–283, § 924(b)(2)(A)(ii), substituted “Marine Corps, Space Force,” for “Marine Corps,”. Subsecs. (c) to (g). Pub. L. 116–283, § 351(a), added subsecs. (c) to (g). 2018—Subsec. (a). Pub. L. 115–23 substituted “Marine Corps, and Coast Guard” for “and Marine Corps” and inserted at end “When the Coast Guard is not operating as a service in the Department of the Navy, the Secretary of Homeland Security shall appoint an officer of the Coast Guard to serve as a voting member of the board.” 2017—Pub. L. 115–91, § 341(b)(1), substituted “Explosive safety” for “Ammunition storage” in section catchline. Pub. L. 115–91, § 341(a)(1)–(8), designated existing provisions as subsec. (a) and inserted heading, inserted “that includes members” after “joint board”, substituted “selected by the Secretaries of the military departments” for “selected by them”, inserted “military” before “officers”, “designated as the chair and voting members of the board for each military department” after “officers”, and “and other” before “civilian officers”, and substituted “as necessary” for “or both” and “provide oversight on storage and transportation of” for “keep informed on stored”. Subsec. (b). Pub. L. 115–91, § 341(a)(9), added subsec. (b). 2011—Pub. L. 111–383 struck out subsec. (a) designation before “The Secretaries” and struck out subsec. (b) which read as follows: “The board shall confer with and advise the Secretaries of the military departments in carrying out the recommendations in House Document No. 199 of the Seventieth Congress.” 1996—Subsec. (a). Pub. L. 104–201 substituted “a joint board selected by them composed of officers, civilian officers and employees of the Department of Defense, or both” for “a joint board of officers selected by them”.
Statutory Notes and Related Subsidiaries
Deadline for AppointmentPub. L. 116–283, div. A, title III, § 351(b), Jan. 1, 2021, 134 Stat. 3543, provided that: “By not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall take such steps as may be necessary to ensure that the explosive safety board of the Department of Defense, as authorized under section 172 of title 10, United States Code, has a chair who is a military officer and whose responsibilities include the day-to-day management of the explosive safety board and the responsibilities provided in subsection (c) of such section.”
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# 10 U.S.C. § 173 - Advisory personnel
## Text
(a) The Secretary of Defense may establish such advisory committees and employ such part-time advisers as he considers necessary for the performance of his functions and those of the agencies under his control.
(b) A person who serves as a member of a committee may not be paid for that service while holding another position or office under the United States for which he receives compensation. Other members and part-time advisers shall (except as otherwise specifically authorized by law) serve without compensation for such service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 8; Pub. L. 89–718, § 2, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 104–106, div. A, title X, § 1061(e)(1), Feb. 10, 1996, 110 Stat. 443.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 173(a)  173(b)  173(c)5:171j(a) (1st sentence, as applicable to Secretary of Defense).5:171j(a) (less 1st sentence, as applicable to Secretary of Defense).5:171j(b) (as applicable to Secretary of Defense).July 26, 1947, ch. 343, § 303 (as applicable to Secretary of Defense); Aug. 10, 1949, ch. 412, § 10(c) (as applicable to Secretary of Defense); Sept. 3, 1954, ch. 1263, § 8 (as applicable to Secretary of Defense), 68 Stat. 1228. In subsection (a), the words “consistent with other provisions of sections 171–171n, 172–172j, 181–1, 181–2, 411a, 411b, and 626–626d of this title and sections 401–405 of Title 50” are omitted as surplusage. The word “establish” is substituted for the word “appoint”, since the filling of the position involved is not appointment to an office in the constitutional sense. In subsection (b), the word “Secretary” is substituted for the words “appointing authority”. In subsection (c), the words “as a part-time adviser” are substituted for the words “in any other part-time capacity for a department or agency” to conform to subsections (a) and (b).
Editorial Notes
Amendments1996—Subsec. (b). Pub. L. 104–106 substituted “Other members and part-time advisers shall (except as otherwise specifically authorized by law) serve without compensation for such service.” for “Other members and part-time advisers may serve without compensation or may be paid not more than $50 for each day of service, as the Secretary determines.” 1966—Subsec. (c). Pub. L. 89–718 repealed subsec. (c) which provided that sections 281, 283, and 284 of title 18 did not apply to a person because of his service on a committee or as a part-time advisor under subsec. (a) of this section unless the unlawful act related to a matter directly involving a department or agency which he was advising or to a matter in which that department or agency was directly interested.
Statutory Notes and Related Subsidiaries
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
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# 10 U.S.C. § 174 - Advisory personnel: research and development
## Text
(a) The Secretary of each military department may establish such advisory committees and panels as are necessary for the research and development activities of his department and may employ such part-time advisers as he considers necessary to carry out those activities.
(b) A person who serves as a member of such a committee or panel may not be paid for that service while holding another position or office under the United States for which he receives compensation. Other members and part-time advisers shall (except as otherwise specifically authorized by law) serve without compensation for such service.
(c) The Secretary concerned may delegate any authority under this section to—
(1) the Under Secretary of his department;
(2) an Assistant Secretary of his department; or
(3) the chief, and one assistant to the chief, of any technical service, bureau, or office.
(Aug. 10, 1956, ch. 1041, 70A Stat. 9; Pub. L. 104–106, div. A, title X, § 1061(e)(1), Feb. 10, 1996, 110 Stat. 443.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 174(a)5:235b (1st sentence).5:475g (1st sentence).5:628b (1st sentence).July 16, 1952, ch. 882, §§ 1, 7 (as applicable to § 1), 66 Stat. 725, 726. 174(b)5:235b (less 1st sentence).5:475g (less 1st sentence).5:628b (less 1st sentence). 174(c)5:235h (as applicable to 5:235b).5:475m (as applicable to 5:475g).5:628h (as applicable to 5:628b). In subsection (a), the words “the conduct of” are omitted as surplusage. In subsection (b), the words “or panel” are inserted for clarity. The words “Secretary concerned” are substituted for the words “appointing authority”.
Editorial Notes
Amendments1996—Subsec. (b). Pub. L. 104–106 substituted “Other members and part-time advisers shall (except as otherwise specifically authorized by law) serve without compensation for such service.” for “Other members and part-time advisers may serve without compensation or may be paid not more than $50 for each day of service, as the Secretary concerned determines.”
Statutory Notes and Related Subsidiaries
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
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---
# 10 U.S.C. § 175 - Reserve Forces Policy Board
## Text
There is in the Office of the Secretary of Defense a Reserve Forces Policy Board. The functions, membership, and organization of that board are set forth in section 10301 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 9; Pub. L. 90–168, § 2(3), (4), Dec. 1, 1967, 81 Stat. 521; Pub. L. 98–94, title XII, § 1212(b), Sept. 24, 1983, 97 Stat. 687; Pub. L. 98–525, title XIII, § 1306, title XIV, § 1405(4), Oct. 19, 1984, 98 Stat. 2613, 2622; Pub. L. 98–557, § 21, Oct. 30, 1984, 98 Stat. 2870; Pub. L. 99–433, title V, § 531(a)(1), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 103–337, div. A, title IX, § 921, title XVI, § 1661(b)(3), Oct. 5, 1994, 108 Stat. 2829, 2981.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 175(a)175(b)175(c)175(d)175(e)50:1008(a).50:1008(b).50:1008(c).50:1008(d) (less proviso).50:1008(d) (proviso).July 9, 1952, ch. 608, § 257 (less (e)), 66 Stat. 497. In subsection (a), the word “are” is substituted for the words “is established”, to make clear the continuing authority of the organization established by the source statute. Clauses (3), (4), and (5) are substituted for 50:1008(a)(iii) for clarity. In clauses (6), (7), (8), and (9), the word “designated” is substituted for the word “appointed”, in 50:1008(iv), (v), (vi), and (vii), to make it clear that the positions described are not constitutional offices. In subsection (b), the words “Regular Coast Guard or Coast Guard Reserve” are substituted for the words “Regular or Reserve * * * Coast Guard”.
Editorial Notes
Amendments1994—Pub. L. 103–337, § 1661(b)(3), amended section generally, substituting single undesignated par. for former subsecs. (a) to (f) relating to establishment, composition, functions, and powers of Reserve Forces Policy Board. Subsec. (a)(4). Pub. L. 103–337, § 921(1), substituted “and an officer of the Regular Marine Corps each” for “or Regular Marine Corps”. Subsec. (a)(10). Pub. L. 103–337, § 921(2)–(4), added par. (10). 1986—Subsec. (d). Pub. L. 99–433 substituted “3021” and “8021” for “3033” and “8033”, respectively. 1984—Subsec. (b). Pub. L. 98–557 substituted “Regular or Reserve, to serve as voting members” for “regular or reserve, to serve as a voting member”. Pub. L. 98–525, § 1306, substituted “two officers of the Coast Guard, regular or reserve” for “an officer of the Regular Coast Guard or the Coast Guard Reserve”. Subsec. (c). Pub. L. 98–525, § 1405(4), inserted a comma following “Reserve Affairs”. 1983—Subsec. (c). Pub. L. 98–94 substituted “Assistant Secretary of Defense for Reserve Affairs” for “Assistant Secretary of Defense for Manpower and Reserve Affairs”. 1967—Subsec. (a)(2). Pub. L. 90–168, § 2(3), substituted “the Assistant Secretary of the Army for Manpower and Reserve Affairs, the Assistant Secretary of the Navy for Manpower and Reserve Affairs, and the Assistant Secretary of the Air Force for Manpower and Reserve Affairs” for “the Secretary, the Under Secretary, or an Assistant Secretary designated under section 264(b) of this title, of each of the military departments”. Subsec. (b). Pub. L. 90–168, § 2(4), substituted “Secretary of Transportation” for “Secretary of the Treasury” as the Secretary empowered to designate officers to serve on the Board and substituted “serve as a voting member” for “serve without vote as a member” in the description of the officer’s service on the Board. Subsec. (c). Pub. L. 90–168, § 2(4), substituted “Assistant Secretary of Defense for Manpower and Reserve Affairs” for “Assistant Secretary of Defense designated under section 264(a) of this title”. Subsec. (d). Pub. L. 90–168, § 2(4), inserted references to sections 5251 and 5252 of this title. Subsec. (e). Pub. L. 90–168, § 2(4), substituted “member of a committee or board prescribed under a section listed in subsection (d)” for “member of a committee under section 3033 or 8033 of this title”. Subsec. (f). Pub. L. 90–168, § 2(4), added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by section 1661(b)(3) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–94 effective Oct. 1, 1983, see section 1212(e) of Pub. L. 98–94 set out as a note under section 138 of this title.
Effective Date of 1967 AmendmentFor effective date of amendment by Pub. L. 90–168, see section 7 of Pub. L. 90–168, set out as a note under section 138 of this title.
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# 10 U.S.C. § 176 - Armed Forces Institute of Pathology
## Text
(a) (1) There is in the Department of Defense an Institute to be known as the Armed Forces Institute of Pathology (hereinafter in this section referred to as the “Institute”), which has the responsibilities, functions, authority, and relationships set forth in this section. The Institute shall be a joint entity of the three military departments, subject to the authority, direction, and control of the Secretary of Defense.
(2) The Institute shall consist of a Board of Governors, a Director, two Deputy Directors, and a staff of such professional, technical, and clerical personnel as may be required.
(3) The Board of Governors shall consist of the Assistant Secretary of Defense for Health Affairs, who shall serve as chairman of the Board of Governors, the Assistant Secretary of Health and Human Services for Health, the Surgeons General of the Army, Navy, and Air Force, the Under Secretary for Health of the Department of Veterans Affairs, and a former Director of the Institute, as designated by the Secretary of Defense, or the designee of any of the foregoing.
(4) The Director and the Deputy Directors shall be appointed by the Secretary of Defense.
(b) (1) In carrying out the provisions of this section, the Institute is authorized to—
(A) contract with the American Registry of Pathology (established under section 177 of this title) for cooperative enterprises in medical research, consultation, and education between the Institute and the civilian medical profession under such conditions as may be agreed upon between the Board of Governors and the American Registry of Pathology;
(B) make available at no cost to the American Registry of Pathology such space, facilities, equipment, and support services within the Institute as the Board of Governors deems necessary for the accomplishment of their mutual cooperative enterprises; and
(C) contract with the American Registry of Pathology for the services of such professional, technical, or clerical personnel as are necessary to fulfill their cooperative enterprises.
(2) No contract may be entered into under paragraph (1) which obligates the Institute to make outlays in advance of the enactment of budget authority for such outlays.
(c) The Director is authorized, with the approval of the Board of Governors, to enter into agreements with the American Registry of Pathology for the services at any time of not more than six distinguished pathologists or scientists of demonstrated ability and experience for the purpose of enhancing the activities of the Institute in education, consultation, and research. Such pathologists or scientists may be appointed by the Director to administrative positions within the components or subcomponents of the Institute and may be authorized by the Director to exercise any or all professional duties within the Institute, notwithstanding any other provision of law. The Secretary of Defense, on a case-by-case basis, may waive the limitation on the number of distinguished pathologists or scientists with whom agreements may be entered into under this subsection if the Secretary determines that such waiver is in the best interest of the Department of Defense.
(d) The Secretary of Defense shall promulgate such regulations as may be necessary to prescribe the organization, functions, and responsibilities of the Institute.
(Added Pub. L. 94–361, title VIII, § 811(b), July 14, 1976, 90 Stat. 933; amended Pub. L. 96–513, title V, § 511(6), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 103–160, div. A, title VII, § 733, Nov. 30, 1993, 107 Stat. 1697; Pub. L. 104–106, div. A, title IX, § 903(f)(1), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 107–107, div. A, title X, § 1048(a)(4), Dec. 28, 2001, 115 Stat. 1222.)
## Notes
Editorial Notes
Amendments2001—Subsec. (a)(3). Pub. L. 107–107 substituted “Under Secretary for Health” for “Chief Medical Director”. 1996—Subsec. (a)(3). Pub. L. 104–106, § 903(a), (f)(1), which directed amendment of subsec. (a)(3), eff. Jan. 31, 1997, by substituting “official in the Department of Defense with principal responsibility for health affairs” for “Assistant Secretary of Defense for Health Affairs” and “Under Secretary for Health of the Department of Veterans Affairs” for “Chief Medical Director of the Department of Veterans Affairs”, was repealed by Pub. L. 104–201. 1993—Subsec. (c). Pub. L. 103–160 inserted at end “The Secretary of Defense, on a case-by-case basis, may waive the limitation on the number of distinguished pathologists or scientists with whom agreements may be entered into under this subsection if the Secretary determines that such waiver is in the best interest of the Department of Defense.” 1989—Subsec. (a)(3). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”. 1980—Subsec. (a)(3). Pub. L. 96–513, § 511(6)(A), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”. Subsec. (b)(1)(A). Pub. L. 96–513, § 511(6)(B), inserted “of this title” after “177”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Establishment of Joint Pathology CenterPub. L. 110–181, div. A, title VII, § 722, Jan. 28, 2008, 122 Stat. 199, provided that: “(a) Findings.—Congress makes the following findings:“(1) The Secretary of Defense proposed to disestablish all elements of the Armed Forces Institute of Pathology, except the National Medical Museum and the Tissue Repository, as part of the recommendations of the Secretary for the closure of Walter Reed Army Medical Center in the 2005 round of defense base closure and realignment. “(2) The Defense Base Closure and Realignment Commission altered, but did not reject, the proposal of the Secretary of Defense to disestablish the Armed Forces Institute of Pathology. “(3) The Commission’s recommendation that the Armed Forces Institute of Pathology’s ‘capabilities not specified in this recommendation will be absorbed into other DOD, Federal, or civilian facilities’ provides the flexibility to retain a Joint Pathology Center as a Department of Defense or Federal entity. “(b) Sense of Congress.—It is the sense of Congress that the Armed Forces Institute of Pathology has provided important medical benefits to the Armed Forces and to the United States and that the Federal Government should retain a Joint Pathology Center. “(c) Establishment.—“(1) Establishment required.—The President shall establish and maintain a Joint Pathology Center that shall function as the reference center in pathology for the Federal Government. “(2) Establishment within dod.—Except as provided in paragraph (3), the Joint Pathology Center shall be established in the Department of Defense, consistent with the final recommendations of the 2005 Defense Base Closure and Realignment Commission, as approved by the President. “(3) Establishment in another department.—If the President makes a determination, within 180 days after the date of the enactment of this Act [Jan. 28, 2008], that the Joint Pathology Center cannot be established in the Department of Defense, the Joint Pathology Center shall be established as an element of a Federal agency other than the Department of Defense. The President shall incorporate the selection of such agency into the determination made under this paragraph. “(d) Services.—The Joint Pathology Center shall provide, at a minimum, the following:“(1) Diagnostic pathology consultation services in medicine, dentistry, and veterinary sciences. “(2) Pathology education, to include graduate medical education, including residency and fellowship programs, and continuing medical education. “(3) Diagnostic pathology research. “(4) Maintenance and continued modernization of the Tissue Repository and, as appropriate, utilization of the Repository in conducting the activities described in paragraphs (1) through (3).”
National Museum of Health and MedicinePub. L. 103–337, div. A, title X, § 1067, Oct. 5, 1994, 108 Stat. 2851, as amended by Pub. L. 105–78, title VII, § 702, Nov. 13, 1997, 111 Stat. 1524, provided that: “(a) Purpose.—It is the purpose of this section—“(1) to display and interpret the collections of the Armed Forces Institute of Pathology currently located at Walter Reed Medical Center; and “(2) to designate the public facility of the Armed Forces Institute of Pathology as the National Museum of Health and Medicine. “(b) Designation.—The public facility of the Armed Forces Institute of Pathology shall also be known as the National Museum of Health and Medicine.”
Congressional Findings and DeclarationPub. L. 94–361, title VIII, § 811(a), July 14, 1976, 90 Stat. 933, provided that: “(1) The Congress hereby finds and declares that—“(A) the Armed Forces Institute of Pathology offers unique pathologic support to national and international medicine; “(B) the Institute contains the Nation’s most comprehensive collection of pathologic specimens for study and a staff of prestigious pathologists engaged in consultation, education, and research; “(C) the activities of the Institute are of unique and vital importance in support of the health care of the Armed Forces of the United States; “(D) the activities of the Institute are also of unique and vital importance in support of the civilian health care system of the United States; “(E) the Institute provides an important focus for the exchange of information between civilian and military medicine, to the benefit of both; and “(F) it is important to the health of the American people and of the members of the Armed Forces of the United States that the Institute continue its activities in serving both the military and civilian sectors in education, consultation, and research in the medical, dental, and veterinary sciences. “(2) The Congress further finds and declares that beneficial cooperative efforts between private individuals, professional societies, and other entities on the one hand and the Armed Forces Institute of Pathology on the other can be carried out most effectively through the establishment of a private corporation.”
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# 10 U.S.C. § 177 - American Registry of Pathology
## Text
(a) (1) There is authorized to be established a nonprofit corporation to be known as the American Registry of Pathology which shall not for any purpose be an agency or establishment of the United States Government. The American Registry of Pathology shall be subject to the provisions of this section and, to the extent not inconsistent with this section, to the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–501 et seq.).
(2) The American Registry of Pathology shall have a Board of Members (hereinafter in this section referred to as the “Board”) consisting of not less than eleven individuals who are representatives of the professional societies and organizations that support the activities of the American Registry of Pathology, of whom one shall be elected annually by the Board to serve as chairman.
(3) The American Registry of Pathology shall have a Director, who shall be appointed by the Board, and such other officers as may be named and appointed by the Board. Such officers shall be compensated at rates fixed by the Board and shall serve at the pleasure of the Board.
(4) The members of the initial Board shall serve as incorporators and shall take whatever actions are necessary to establish under the District of Columbia Nonprofit Corporation Act the corporation authorized by paragraph (1).
(5) The term of office of each member of the Board shall be four years, except that (A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, (B) the terms of office of members first taking office shall begin on the date of incorporation and shall expire, as designated at the time of their appointment and to the maximum extent practicable, one fourth at the end of one year, one fourth at the end of two years, one fourth at the end of three years, and one fourth at the end of four years, and (C) a member whose term has expired may serve until his successor has qualified. No member shall be eligible to serve more than two consecutive terms of four years each.
(6) Any vacancy in the Board shall not affect its powers, but such vacancy shall be filled in the manner in which the original appointment was made.
(b) In order to carry out the purposes of this section, the American Registry of Pathology is authorized to—
(1) enter into contracts with public and private organizations for the writing, editing, printing, and publishing of fascicles of tumor pathology, atlases, and other material;
(2) accept gifts and grants from and enter into contracts with individuals, private foundations, professional societies, institutions, and governmental agencies;
(3) enter into agreements with professional societies for the establishment and maintenance of Registries of Pathology; and
(4) serve as a focus for the interchange between military and civilian pathology and encourage the participation of medical, dental, and veterinary sciences in pathology for the mutual benefit of military and civilian medicine.
(c) In the performance of the functions set forth in subsection (b), the American Registry of Pathology is authorized to—
(1) enter into such other contracts, leases, cooperative agreements, or other transactions as the Board deems appropriate to conduct the activities of the American Registry of Pathology; and
(2) charge such fees for professional services as the Board deems reasonable and appropriate.
(d) The American Registry of Pathology may transmit annually to its Board and supporting organizations referred to in subsection (a)(2) a comprehensive and detailed report of its operations, activities, and accomplishments.
(Added Pub. L. 94–361, title VIII, § 811(b), July 14, 1976, 90 Stat. 934; amended Pub. L. 98–525, title XIV, § 1405(5), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 112–239, div. A, title V, § 585, Jan. 2, 2013, 126 Stat. 1768.)
## Notes
Editorial Notes
References in TextThe District of Columbia Nonprofit Corporation Act, referred to in subsec. (a)(1), (4), is Pub. L. 87–569, Aug. 6, 1962, 76 Stat. 265, which is not classified to the Code.
Amendments2013—Subsec. (a)(2). Pub. L. 112–239, § 585(1)(A), substituted “the professional societies and organizations that support the activities of the American Registry of Pathology” for “those professional societies and organizations which sponsor individual registries of pathology at the Armed Forces Institute of Pathology” and struck out at end “Each such sponsor shall appoint one member to the Board for a term of four years.” Subsec. (a)(3). Pub. L. 112–239, § 585(1)(B), struck out “with the concurrence of the Director of the Armed Forces Institute of Pathology” after “shall be appointed by the Board”. Subsec. (b). Pub. L. 112–239, § 585(2), redesignated pars. (2) to (5) as (1) to (4), respectively, and struck out former par. (1) which read as follows: “enter into contracts with the Armed Forces Institute of Pathology for the provision of such services and personnel as may be necessary to carry out their cooperative enterprises;”. Subsec. (d). Pub. L. 112–239, § 585(3), substituted “annually to its Board and supporting organizations referred to in subsection (a)(2)” for “to the Director and the Board of Governors of the Armed Forces Institute of Pathology and to the sponsors referred to in subsection (a)(2) annually, and at such other times as it deems desirable,”. 1984—Subsec. (a)(1). Pub. L. 98–525 substituted “sec. 29–501” for “sec. 29–1001”.
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# 10 U.S.C. § 178 - The Henry M. Jackson Foundation for the Advancement of Military Medicine
## Text
(a) There is authorized to be established a nonprofit corporation to be known as the Henry M. Jackson Foundation for the Advancement of Military Medicine (hereinafter in this section referred to as the “Foundation”) which shall not for any purpose be an agency or instrumentality of the United States Government. The Foundation shall be subject to the provisions of this section and, to the extent not inconsistent with this section, the Corporations and Associations Articles of the State of Maryland.
(b) It shall be the purpose of the Foundation (1) to carry out medical research and education projects under cooperative arrangements with the Uniformed Services University of the Health Sciences, (2) to serve as a focus for the interchange between military and civilian medical personnel, and (3) to encourage the participation of the medical, dental, nursing, veterinary, and other biomedical sciences in the work of the Foundation for the mutual benefit of military and civilian medicine.
(c) (1) The Foundation shall have a Council of Directors (hereinafter in this section referred to as the “Council”) composed of—
(A) the Chairmen and ranking minority members of the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives (or their designees from the membership of such committees), who shall be ex officio members,
(B) the Dean of the Uniformed Services University of the Health Sciences, who shall be an ex officio member, and
(C) six members, each of whom shall be appointed at the expiration of the term of a member appointed under this subparagraph, as provided for in paragraph (2), by the members currently serving on the Council pursuant to this subparagraph and paragraph (2), including the member whose expiring term is so being filled by such appointment.
(2) The term of office of each member of the Council appointed under clause (C) of paragraph (1) shall be four years, except that any person appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.
(3) The Council shall elect a chairman from among its members.
(d) (1) The Foundation shall have an Executive Director who shall be appointed by the Council and shall serve at the pleasure of the Council. The Executive Director shall be responsible for the day-to-day operations of the Foundation and shall have such specific duties and responsibilities as the Council shall prescribe.
(2) The rate of compensation of the Executive Director shall be fixed by the Council.
(e) The initial members of the Council shall serve as incorporators and take whatever actions as are necessary to establish under the Corporations and Associations Articles of the State of Maryland the corporation authorized by subsection (a).
(f) Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner in which the original designation or appointment was made.
(g) In order to carry out the purposes of this section, the Foundation is authorized to—
(1) enter into contracts with, accept grants from, and make grants to the Uniformed Services University of the Health Sciences for the purpose of carrying out cooperative enterprises in medical research, medical consultation, and medical education, including contracts for provision of such personnel and services as may be necessary to carry out such cooperative enterprises;
(2) enter into contracts with public and private organizations for the writing, editing, printing, and publishing of books and other material;
(3) take such action as may be necessary to obtain patents and licenses for devices and procedures developed by the Foundation and its employees;
(4) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation;
(5) enter into contracts with individuals, public or private organizations, professional societies, and government agencies for the purpose of carrying out the functions of the Foundation;
(6) enter into such other contracts, leases, cooperative agreements, and other transactions as the Executive Director considers appropriate to conduct the activities of the Foundation; and
(7) charge such fees for professional services furnished by the Foundation as the Executive Director determines reasonable and appropriate.
(h) A person who is a full-time or part-time employee of the Foundation may not be an employee (full-time or part-time) of the Federal Government.
(i) The Council shall transmit to the President annually, and at such other times as the Council considers desirable, a report on the operations, activities, and accomplishments of the Foundation.
(Added Pub. L. 98–36, § 2(a), May 27, 1983, 97 Stat. 200; amended Pub. L. 98–132, § 2(a)(1), Oct. 17, 1983, 97 Stat. 849; Pub. L. 101–189, div. A, title VII, § 726(b)(2), Nov. 29, 1989, 103 Stat. 1480; Pub. L. 104–106, div. A, title XV, § 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 115–232, div. A, title VII, § 739, Aug. 13, 2018, 132 Stat. 1822; Pub. L. 116–92, div. A, title VII, § 733(a), (b), Dec. 20, 2019, 133 Stat. 1461.)
## Notes
Editorial Notes
Amendments2019—Subsec. (c)(1)(C). Pub. L. 116–92, § 733(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “six members appointed by the ex officio members of the Council designated in clauses (A) and (B).” Subsec. (c)(2). Pub. L. 116–92, § 733(b), substituted “except that any person” for “except that— “(A) any person”, substituted period at end for “; and”, and struck out subpar. (B) which read as follows: “the terms of office of members first taking office shall expire, as designated by the ex officio members of the Council at the time of the appointment, two at the end of two years and two at the end of four years.” 2018—Subsec. (c)(1)(C). Pub. L. 115–232 substituted “six members” for “four members”. 1999—Subsec. (c)(1)(A). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1996—Subsec. (c)(1)(A). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and the House of Representatives”. 1989—Subsec. (g)(1). Pub. L. 101–189 inserted “, accept grants from, and make grants to” after “contracts with”. 1983—Pub. L. 98–132, § 2(a)(1)(A), inserted “The Henry M. Jackson” before “Foundation” in section catchline. Subsec. (a). Pub. L. 98–132, § 2(a)(1)(B), inserted “Henry M. Jackson”.
Statutory Notes and Related Subsidiaries
Change of Name Pub. L. 98–132, § 1, Oct. 17, 1983, 97 Stat. 849, provided: “That (a) the Foundation for the Advancement of Military Medicine established pursuant to section 178 of title 10, United States Code, shall be designated and hereafter known as the ‘Henry M. Jackson Foundation for the Advancement of Military Medicine’, in honor of the late Henry M. Jackson, United States Senator from the State of Washington. Any reference to the Foundation for the Advancement of Military Medicine in any law, regulation, document, record, or other paper of the United States shall be held and considered to be a reference to the ‘Henry M. Jackson Foundation for the Advancement of Military Medicine’. “(b) The Council of Directors referred to in subsection (c) of section 178 of such title shall take such action as is necessary under the Corporations and Associations Articles of the State of Maryland to amend the corporate name of the Foundation for the Advancement of Military Medicine established under such section to reflect the designation made by the first sentence of subsection (a).”
Effective Date of 2019 Amendment; ConstructionPub. L. 116–92, div. A, title VII, § 733(c), Dec. 20, 2019, 133 Stat. 1461, provided that: “(1) In general.—The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 20, 2019]. “(2) Construction for current members.—Nothing in the amendments made by this section shall be construed to terminate or otherwise alter the appointment or term of service of members of the Henry M. Jackson Foundation for the Advancement of Military Medicine who are so serving on the date of the enactment of this Act pursuant to an appointment under paragraph (1)(C) or (2) of section 178(c) of title 10, United States Code, made before that date.”
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# 10 U.S.C. § 180 - Service academy athletic programs: review board
## Text
(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.
(Added Pub. L. 102–190, div. A, title V, § 513(a), Dec. 5, 1991, 105 Stat. 1360; amended Pub. L. 106–65, div. A, title X, § 1066(a)(2), Oct. 5, 1999, 113 Stat. 770; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–290.)
## Notes
Editorial Notes
Amendments2000—Subsec. (d). Pub. L. 106–398 substituted “section 5315” for “section 5376”. 1999—Subsec. (d)(1). Pub. L. 106–65 substituted “Executive Schedule Level IV under section 5376 of title 5” for “grade GS–18 of the General Schedule under section 5332 of title 5”.
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# 10 U.S.C. § 182 - Center for Excellence in Disaster Management and Humanitarian Assistance
## Text
(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.
(Added Pub. L. 105–85, div. A, title III, § 382(a)(1), Nov. 18, 1997, 111 Stat. 1709.)
## Notes
Statutory Notes and Related Subsidiaries
Payments for Education and Training of Personnel of Foreign CountriesPub. L. 107–248, title VIII, § 8093, Oct. 23, 2002, 116 Stat. 1558, provided that: “During the current fiscal year and hereafter, under regulations prescribed by the Secretary of Defense, the Center of Excellence for Disaster Management and Humanitarian Assistance [probably should be Center for Excellence in Disaster Management and Humanitarian Assistance] may also pay, or authorize payment for, the expenses of providing or facilitating education and training for appropriate military and civilian personnel of foreign countries in disaster management, peace operations, and humanitarian assistance.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 107–117, div. A, title VIII, § 8109, Jan. 10, 2002, 115 Stat. 2272. Pub. L. 106–259, title VIII, § 8109, Aug. 9, 2000, 114 Stat. 698. Pub. L. 106–79, title VIII, § 8139, Oct. 25, 1999, 113 Stat. 1269.
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# 10 U.S.C. § 182a - Center for Excellence in Environmental Security
## Text
(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.
(Added Pub. L. 117–263, div. A, title III, § 311, Dec. 23, 2022, 136 Stat. 2501.)
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# 10 U.S.C. § 183 - Department of Defense Board of Actuaries
## Text
(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.
(Added Pub. L. 110–181, div. A, title IX, § 906(a)(1), Jan. 28, 2008, 122 Stat. 275.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 183, added Pub. L. 105–85, div. A, title IX, § 904(a), Nov. 18, 1997, 111 Stat. 1854, required the Secretary of Defense to report annually on the justification or requirement and projected costs of Department of Defense advisory committees, prior to repeal by Pub. L. 107–314, div. A, title X, § 1041(a)(1)(A), Dec. 2, 2002, 116 Stat. 2645.
Statutory Notes and Related Subsidiaries
Initial Service as Board MembersPub. L. 110–181, div. A, title IX, § 906(a)(3), Jan. 28, 2008, 122 Stat. 277, provided that: “Each member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries as of the date of the enactment of this Act [Jan. 28, 2008] shall serve as an initial member of the Department of Defense Board of Actuaries under section 183 of title 10, United States Code (as added by paragraph (1)), from that date until the date otherwise provided for the completion of such individual’s term as a member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries, as the case may be, unless earlier removed by the Secretary of Defense.”
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# 10 U.S.C. § 184 - Civilian Protection Center of Excellence
## Text
(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.
(Added Pub. L. 117–263, div. A, title X, § 1082(a)(1), Dec. 23, 2022, 136 Stat. 2799.)
## Notes
Editorial Notes
Codification Another section 184 was renumbered section 185 of this title.
Prior ProvisionsA prior section 184 was renumbered section 342 of this title.
Statutory Notes and Related Subsidiaries
Deadline for EstablishmentPub. L. 117–263, div. A, title X, § 1082(b), Dec. 23, 2022, 136 Stat. 2799, provided that: “The Civilian Protection Center of Excellence, as required under section 184 of title 10, United States Code, as added by subsection (a), shall be established by not later than 90 days after the date of the enactment of this Act [Dec. 23, 2022].”
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# 10 U.S.C. § 185 - Joint Safety Council
## Text
(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.
(Added Pub. L. 117–81, div. A, title III, § 372(a), Dec. 27, 2021, 135 Stat. 1664, § 184; amended Pub. L. 117–263, div. A, title III, §§ 381, 383, Dec. 23, 2022, 136 Stat. 2542, 2544; renumbered § 185 and amended Pub. L. 118–31, div. A, title III, § 363, Dec. 22, 2023, 137 Stat. 233; Pub. L. 118–159, div. A, title III, § 331, Dec. 23, 2024, 138 Stat. 1854.)
## Notes
Editorial Notes
Amendments2024—Subsec. (k)(1). Pub. L. 118–159, § 331(1)(A), substituted “Chairperson” for “Chair” and “biannual” for “semi-annual”. Subsec. (k)(2). Pub. L. 118–159, § 331(1)(B)(i), in introductory provisions, struck out “March 31, 2023, and not later than” before “December 31” and “thereafter” after “each year” and substituted “an annual report” for “a report”. Subsec. (k)(2)(C). Pub. L. 118–159, § 331(1)(B)(ii)–(iv), added subpar. (C). Subsec. (l). Pub. L. 118–159, § 331(2), added subsec. (l). 2023—Pub. L. 118–31, § 363(1), renumbered section 184 of this title relating to Joint Safety Council as this section. Subsec. (d)(7) to (12). Pub. L. 118–31, § 363(2), added pars. (7), (11), and (12), redesignated former pars. (7) to (9) as (8) to (10), respectively, and substituted “the safety management system and program described in paragraphs (5) and (6), respectively” for “the safety management systems described in paragraphs (9) and (10)” in par. (8) as so redesignated. 2022—Subsec. (b)(1)(D), (E). Pub. L. 117–263, § 383, added subpar. (D) and redesignated former subpar. (D) as (E). Subsec. (k). Pub. L. 117–263, § 381, substituted “Reports” for “Report” in heading, designated existing provisions as par. (1), and added par. (2).
Statutory Notes and Related Subsidiaries
Establishment of Major Mishap Incident Designation Classification for Department of Defense IncidentsPub. L. 118–159, div. A, title X, § 1054, Dec. 23, 2024, 138 Stat. 2061, provided that: “(a) Establishment.—The Secretary of Defense shall establish a new mishap designation classification for the most serious incidents, to be known as ‘major mishap incidents’, to describe any incident that—“(1) results in not less than $500,000,000 in damage or loss; and “(2) is of such complexity or sensitivity, or would have such an effect on the national security of the United States, as to warrant designation by the Secretary of Defense as a major mishap incident pursuant to regulations prescribed by the Secretary and that include the consideration of—“(A) the number of members of the Armed Forces who were killed due to the incident; “(B) the geographic dispersion of the incident; “(C) the grade of individuals involved; “(D) the number of Armed Forces and Government entities involved; “(E) the effect of the incident on the local civilian population; “(F) the effect of the incident on any foreign government or foreign personnel; “(G) the anticipated complexity or difficulty of the investigation of the incident; “(H) the effect of the incident on the capability of any major operational command or component to continue to function effectively; and “(I) such other matters as the Secretary determines appropriate. “(b) Investigations.—“(1) Grade of investigating officer.—The convening authority for any investigation of a major mishap incident shall appoint an investigating officer from among officers who hold a rank not lower than Major General in the Army, Air Force, or Marine Corps or Rear Admiral in the Navy to investigate all major mishap incidents—“(A) including any related administrative, disciplinary, or legal investigations; and “(B) excluding any criminal investigations conducted by a military criminal investigative organization. “(2) Timeline for investigations.—The Secretary of Defense shall amend Department of Defense Instruction 6055.07 to set the goal that a full investigation of each major mishap incident be completed, to the extent practicable, not later than one year after the date on which the investigation is initiated. “(3) Briefing requirement.—In the case of any investigation of a major mishap incident that is not completed within the timeline provided under paragraph (2), the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing every 90 days until the date of the completion of the investigation. Each such briefing shall include—“(A) an explanation for why the investigation has not been completed; and “(B) the projected date of the completion of the investigation. “(c) Accountability Actions.—If an investigation into a major mishap incident includes a recommendation to hold an individual accountable, the separation authority or convening authority, as appropriate, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the status of the proceeding for the accountability action every 120 days beginning on the date of the completion of the investigation of the incident and ending on the date on which the proceeding is complete. “(d) Briefing Requirement.—Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall provide to the Committees on Armed Services for the Senate and House of Representatives a briefing on—“(1) the status of the implementation of the establishment of a major mishap incident designation, as required under subsection (a); “(2) any updates to statutes or Department of Defense Instructions that are needed to implement this section; and “(3) the projected timeline for the implementation of this section. “(e) Deadline for Implementation.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall finalize the implementation of this section, including by updating any Department of Defense guidance and policy as necessary to carry out the requirements of this section.”
DeadlinesPub. L. 117–81, div. A, title III, § 372(c), Dec. 27, 2021, 135 Stat. 1666, provided that: “(1) Establishment.—The Secretary of Defense shall ensure the establishment of the Joint Safety Council under section 184 of title 10, United States Code (as added by subsection (a)) [now 10 U.S.C. 185], by not later than the date that is 120 days after the date of the enactment of this Act [Dec. 27, 2021]. “(2) Appointment of first members.—The initial members of the Joint Safety Council established under such section 184 [now 10 U.S.C. 185] shall be appointed by not later than the date that is 120 days after the date of the enactment of this Act. “(3) Directors of safety.—Not later than 30 days after the date of the enactment of this Act, the Secretary of each military department shall ensure there is appointed as the Director of Safety for the military department concerned an officer of that military department in pay grade O–8 or above.”
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# 10 U.S.C. § 186 - Repealed. Pub. L. 113–291, div. A, title IX, § 901(c), Dec. 19, 2014, 128 Stat. 3463]
## Notes
Section, added Pub. L. 108–375, div. A, title III, § 332(b)(1), Oct. 28, 2004, 118 Stat. 1854; amended Pub. L. 110–417, [div. A], title IX, § 904, Oct. 14, 2008, 122 Stat. 4567; Pub. L. 111–383, div. A, title X, § 1075(b)(9), Jan. 7, 2011, 124 Stat. 4369, related to Defense Business System Management Committee.
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title: "10 U.S.C. § 187"
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# 10 U.S.C. § 187 - Repealed. Pub. L. 117–263, div. A, title XIV, § 1411(a), Dec. 23, 2022, 136 Stat. 2869]
## Notes
Section, added Pub. L. 109–364, div. A, title VIII, § 843(a), Oct. 17, 2006, 120 Stat. 2338; amended Pub. L. 111–383, div. A, title VIII, § 829, Jan. 7, 2011, 124 Stat. 4272; Pub. L. 112–239, div. A, title IX, § 901(c), Jan. 2, 2013, 126 Stat. 1864; Pub. L. 114–328, div. A, title X, § 1081(a)(2), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 116–92, div. A, title XVII, § 1731(a)(11), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 116–283, div. A, title XVIII, § 1870(c)(6)(C), Jan. 1, 2021, 134 Stat. 4285, related to Strategic Materials Protection Board. See section 98h–1 of Title 50, War and National Defense.
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description: "Interagency Council on the Strategic Capability of the National Laboratories"
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# 10 U.S.C. § 188 - Interagency Council on the Strategic Capability of the National Laboratories
## Text
(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.
(Added Pub. L. 112–239, div. A, title X, § 1040(a), Jan. 2, 2013, 126 Stat. 1928.)
## Notes
Statutory Notes and Related Subsidiaries
ConstructionPub. L. 112–239, div. A, title X, § 1040(d), Jan. 2, 2013, 126 Stat. 1931, provided that: “Nothing in section 188 of title 10, United States Code, as added by subsection (a), shall be construed to limit section 309 of the Homeland Security Act of 2002 (6 U.S.C. 189).”
ReportPub. L. 112–239, div. A, title X, § 1040(c), Jan. 2, 2013, 126 Stat. 1930, provided that: “(1) In general.—Not later than September 30, 2013, the Interagency Council on the Strategic Capability of the National Laboratories established under section 188 of title 10, United States Code, as added by subsection (a), shall submit to the appropriate congressional committees a report describing and assessing the following:“(A) The actions taken to implement the requirements of such section 188 and the charter titled ‘Governance Charter for an Interagency Council on the Strategic Capability of DOE National Laboratories as National Security Assets’ signed by the Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence in July 2010. “(B) The effectiveness of the Council in accomplishing the purpose and objectives of such section and such Charter. “(C) Efforts to strengthen work-for-others programs at the national laboratories. “(D) Efforts to make work-for-others opportunities at the national laboratories more cost-effective. “(E) Ongoing and planned measures for increasing cost-sharing and institutional support investments at the national laboratories from other agencies. “(F) Any regulatory or statutory changes recommended to improve the ability of such other agencies to leverage expertise and capabilities at the national laboratories. “(G) The strategic capabilities and core competencies of laboratories and engineering centers operated by the Department of Defense, including identification of mission areas and functions that should be carried out by such laboratories and engineering centers. “(H) Consistent with the protection of sources and methods, the level of funding and general description of programs that were funded during fiscal year 2012 by—“(i) the Department of Defense and carried out at the national laboratories; and “(ii) the Department of Energy and the national laboratories and carried out at the laboratories and engineering centers of the Department of Defense. “(2) Form.—The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. “(3) Appropriate congressional committees defined.—In this subsection, the term ‘appropriate congressional committees’ means the following:“(A) The congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]. “(B) The Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. “(C) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. “(D) The Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. “(E) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.”
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# 10 U.S.C. § 189 - Communications Security Review and Advisory Board
## Text
(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.
(Added Pub. L. 113–66, div. A, title II, § 261(a), Dec. 26, 2013, 127 Stat. 724; amended Pub. L. 113–291, div. A, title X, § 1071(f)(4), Dec. 19, 2014, 128 Stat. 3510; Pub. L. 116–283, div. A, title XVIII, § 1846(i)(2), Jan. 1, 2021, 134 Stat. 4252.)
## Notes
Editorial Notes
Amendments2021—Subsec. (c)(1). Pub. L. 116–283 substituted “section 4201” for “section 2430(a)”. 2014—Subsec. (c)(1). Pub. L. 113–291 substituted “2430(a)” for “139c” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
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# 10 U.S.C. § 190 - Repealed. Pub. L. 116–92, div. A, title VIII, § 810(a), Dec. 20, 2019, 133 Stat. 1487]
## Notes
Section, added Pub. L. 114–328, div. A, title VIII, § 820(b)(1), Dec. 23, 2016, 130 Stat. 2274; amended Pub. L. 115–91, div. A, title VIII, § 804, Dec. 12, 2017, 131 Stat. 1456, related to Defense Cost Accounting Standards Board.