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

Page 270 TITLE 10—ARMED FORCES § 180 Subsec. (c). Pub. L. 108–375, § 902(d)(3), inserted head- ing. Subsec. (c)(3)(B). Pub. L. 108–375, § 902(c)(1), sub- stituted ‘‘designated’’ for ‘‘appointed’’. Subsec. (d). Pub. L. 108–375, § 902(d)(4), inserted head- ing. Subsec. (e). Pub. L. 108–375, § 902(c)(2), (d)(5), inserted heading and substituted ‘‘The Council shall’’ for ‘‘In ad- dition to the responsibilities set forth in subsection (d), the Council shall also’’ in text. Subsec. (f). Pub. L. 108–375, § 902(c)(3), (d)(6), inserted heading and substituted ‘‘congressional defense com- mittees’’ for ‘‘Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives’’ in in- troductory provisions. 2001—Subsec. (a)(1). Pub. L. 107–107 substituted ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’ for ‘‘Under Secretary of Defense for Acquisition and Technology’’. 2000—Subsec. (a)(3). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3152(a)(1)], added par. (3) and struck out former par. (3) which read as follows: ‘‘One senior representa- tive of the Department of Energy designated by the Secretary of Energy.’’ Subsec. (b)(2). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3152(a)(2)], substituted ‘‘the Under Secretary for Nu- clear Security of the Department of Energy’’ for ‘‘the representative designated under subsection (a)(3)’’. 1999—Subsec. (b)(3). Pub. L. 106–65, § 3163(a)(1), added par. (3). Subsec. (c)(3). Pub. L. 106–65, § 3163(a)(2), added par. (3). Subsec. (f). Pub. L. 106–65, § 1067(1), substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’ in introductory provi- sions. Subsec. (f)(3) to (5). Pub. L. 106–65, § 3163(c), added pars. (3) to (5). 1996—Subsec. (c)(2). Pub. L. 104–106, § 904(b)(1), sub- stituted ‘‘Nuclear and Chemical and Biological Defense Programs’’ for ‘‘Atomic Energy’’. Subsec. (e). Pub. L. 107–314, § 4213(c)(2), formerly Pub. L. 104–201, § 3159(c)(2), as renumbered by Pub. L. 108–136, added subsec. (e). Former subsec. (e) redesignated (f). Pub. L. 104–106, § 1502(a)(7), substituted ‘‘to the Com- mittee on Armed Services and the Committee on Ap- propriations of the Senate and the Committee on Na- tional Security and the Committee on Appropriations of the’’ for ‘‘to the Committees on Armed Services and Appropriations of the Senate and’’. Subsec. (f). Pub. L. 107–314, § 4213(c)(1), formerly Pub. L. 104–201, § 3159(c)(1), as renumbered by Pub. L. 108–136, redesignated subsec. (e) as (f). 1994—Subsecs. (a)(3), (b). Pub. L. 103–337, § 3152(c), sub- stituted ‘‘designated’’ for ‘‘appointed’’ wherever ap- pearing. Subsec. (d)(8) to (10). Pub. L. 103–337, § 3152(a), added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively. Subsec. (e). Pub. L. 103–337, § 3152(b), added subsec. (e). 1993—Subsec. (a)(1). Pub. L. 103–160 substituted ‘‘Under Secretary of Defense for Acquisition and Tech- nology’’ for ‘‘Under Secretary of Defense for Acquisi- tion’’. 1992—Subsec. (a)(1). Pub. L. 102–484 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The Director of Defense Research and Engineering.’’ 1988—Subsec. (e). Pub. L. 100–456 struck out subsec. (e) which read as follows: ‘‘The Council shall submit to the Committees on Armed Services and on Appropria- tions of the Senate and House of Representatives a re- port on the actions that have been taken by the De- partment of Defense and the Department of Energy to implement the recommendations of the President’s Blue Ribbon Task Group on Nuclear Weapons Program Management. The Council shall include in such report its recommendation on the role and composition of the staff on the Council. The Council shall submit such re- port to the Committees not later than March 1, 1987.’’ 1987—Subsec. (e). Pub. L. 100–180 realigned margins of subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title. CONSIDERATION OF BUDGET MATTERS AT MEETINGS OF NUCLEAR WEAPONS COUNCIL Pub. L. 116–92, div. A, title XVI, § 1664, Dec. 20, 2019, 133 Stat. 1773, provided that: ‘‘(a) ATTENDANCE.— ‘‘(1) REQUIREMENT.—Except as provided by sub- section (b), each official described in paragraph (2) shall attend the meetings of the Nuclear Weapons Council established by section 179 of title 10, United States Code, and the meetings of the Standing and Safety Committee of the Council, or such a successor committee. Each such official shall attend such meetings as advisors on matters within the authority and expertise of the official. ‘‘(2) OFFICIALS DESCRIBED.—The officials described in this paragraph are each of the following officials (or the designees of the officials): ‘‘(A) The Director of Cost Assessment and Pro- gram Evaluation of the Department of Defense. ‘‘(B) The Director of the Office of Management and Budget of the National Nuclear Security Ad- ministration. ‘‘(C) The Director for Cost Estimating and Pro- gram Evaluation of the National Nuclear Security Administration. ‘‘(D) The Director of the Office of Management and Budget. ‘‘(b) EXCEPTION.—On a case-by-case basis, the Chair- man of the Nuclear Weapons Council, without delega- tion, may exclude the attendance of an official at a meeting pursuant to subsection (a) because of specific requirements relating to classified information or other exigent circumstances as determined by the Chairman.’’ CHAIRMAN OF JCS TO SERVE ON COUNCIL IF THERE IS NO VICE CHAIRMAN OF JCS Pub. L. 99–661, div. C, title I, § 3137(b), Nov. 14, 1986, 100 Stat. 4066, provided that, if on Nov. 14, 1986, the posi- tion of Vice Chairman of the Joint Chiefs of Staff had not been established by law, the Chairman of the Joint Chiefs of Staff would be a member of the Nuclear Weap- ons Council established by section 179 of this title, and would remain a member of such Council until an indi- vidual had been appointed Vice Chairman of the Joint Chiefs of Staff. § 180. Service academy athletic programs: review board (a) INDEPENDENT REVIEW BOARD.—The Sec- retary 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 institu- tions of higher education, members of Congress, members of the Boards of Visitors of the acad- emies, 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 acad- emy, as Chairman. Page 271 TITLE 10—ARMED FORCES § 181 (c) DUTIES.—The board shall, on an annual basis— (1) review all aspects of the athletics pro- grams 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 administra- tion of such programs; (B) the appropriateness of the balance be- tween 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 ath- letics program of each academy; and (2) determine ways in which the administra- tion of the athletics programs at the acad- emies can serve as models for the administra- tion of athletics programs at civilian institu- tions of higher education. (d) ADMINISTRATIVE PROVISIONS.—(1) Each member of the board who is not an officer or em- ployee of the Federal Government shall be com- pensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for Ex- ecutive Schedule Level IV under section 5315 of title 5, for each day (including travel time) dur- ing which such member is engaged in the per- formance 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.) Editorial Notes AMENDMENTS 2000—Subsec. (d). Pub. L. 106–398 substituted ‘‘section 5315’’ for ‘‘section 5376’’. 1999—Subsec. (d)(1). Pub. L. 106–65 substituted ‘‘Exec- utive Schedule Level IV under section 5376 of title 5’’ for ‘‘grade GS–18 of the General Schedule under section 5332 of title 5’’. § 181. Joint Requirements Oversight Council (a) IN GENERAL.—There is a Joint Require- ments Oversight Council in the Department of Defense. (b) MISSION.—In addition to other matters as- signed to it by the President or Secretary of De- fense, the Joint Requirements Oversight Council shall assist the Chairman of the Joint Chiefs of Staff in— (1) assessing joint military capabilities, and identifying, approving, and prioritizing gaps in such capabilities, to meet applicable require- ments in the national defense strategy under section 113(g) of this title; (2) increasing awareness of global trends, threats, and adversary capabilities to address gaps in joint military capabilities and validate joint requirements developed by the military departments; (3) reviewing and validating whether a capa- bility proposed by an armed force, Defense Agency, or other entity of the Department of Defense fulfills a gap in joint military capa- bilities; (4) establishing and approving joint perform- ance requirements that— (A) ensure interoperability, where appro- priate, between and among joint military ca- pabilities; and (B) are necessary, as designated by the Chairman of the Joint Chiefs of Staff, to ful- fill capability gaps of more than one armed force, Defense Agency, or other entity of the Department; (5) reviewing performance requirements for any existing or proposed capability that the Chairman of the Joint Chiefs of Staff deter- mines should be reviewed by the Council; (6) identifying new joint military capabili- ties based on advances in technology and con- cepts of operation; and (7) identifying alternatives to any acquisi- tion program that meets approved joint mili- tary capability requirements for the purposes of sections 4251(b), 4252(a)(4), and 4375(b) of this title. (c) COMPOSITION.— (1) IN GENERAL.—The Joint Requirements Oversight Council is composed of the fol- lowing: (A) The Vice Chairman of the Joint Chiefs of Staff, who is the Chair of the Council and is the principal adviser to the Chairman of the Joint Chiefs of Staff for making rec- ommendations about joint military capabili- ties or joint performance requirements. (B) An Army officer in the grade of gen- eral. (C) A Navy officer in the grade of admiral. (D) An Air Force officer in the grade of general. (E) A Marine Corps officer in the grade of general. (F) A Space Force officer in the grade of general. (2) SELECTION OF MEMBERS.—Members of the Council under subparagraphs (B), (C), (D), and (E) of paragraph (1) shall be selected by the Chairman of the Joint Chiefs of Staff, after consultation with the Secretary of Defense, from officers in the grade of general or admi- ral, as the case may be, who are recommended for selection by the Secretary of the military department concerned. (3) RECOMMENDATIONS.—In making any rec- ommendation to the Chairman of the Joint Chiefs of Staff as described in paragraph (1)(A), the Vice Chairman of the Joint Chiefs of Staff shall provide the Chairman any dis- senting view of members of the Council under paragraph (1) with respect to such rec- ommendation. (d) ADVISORS.—