10 U.S.C. § 183a — Military Aviation and Installation Assur-

Page 276 TITLE 10—ARMED FORCES § 183 to the Department of Defense for the Center. Funds so credited shall be merged with the ap- propriations 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.) § 183. Department of Defense Board of Actuaries (a) IN GENERAL.—There shall be in the Depart- ment 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 pro- fessional actuaries who are members of the Soci- ety 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 be- fore 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 mem- ber’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 em- ployee 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 trav- el expenses, including a per diem allowance, in accordance with section 5703 of that title in con- nection with such duties. (c) DUTIES.—The Board shall have the fol- lowing duties: (1) To review valuations of the Department of Defense Military Retirement Fund in ac- cordance 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 rec- ommendations for modifications to the fund- ing or amortization of that Fund as the Board considers appropriate and necessary to main- tain that Fund on a sound actuarial basis. (2) To review valuations of the Department of Defense Education Benefits Fund in accord- ance with section 2006(e) of this title and make recommendations to the President and Con- gress on such modifications to the funding or amortization of that Fund as the Board con- siders 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 rec- ommendations to the President and Congress on such modifications to the funding or amor- tization 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 ac- tuarial 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 fol- lowing: (A) The Department of Defense Military Re- tirement 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 Sec- retary. (Added Pub. L. 110–181, div. A, title IX, § 906(a)(1), Jan. 28, 2008, 122 Stat. 275.) Editorial Notes PRIOR PROVISIONS A prior section 183, added Pub. L. 105–85, div. A, title IX, § 904(a), Nov. 18, 1997, 111 Stat. 1854, required the Secretary of Defense to report annually on the jus- tification or requirement and projected costs of Depart- ment 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 MEMBERS Pub. L. 110–181, div. A, title IX, § 906(a)(3), Jan. 28, 2008, 122 Stat. 277, provided that: ‘‘Each member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries as of the date of the enactment of this Act [Jan. 28, 2008] shall serve as an initial member of the Department of Defense Board of Actuaries under sec- tion 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 Edu- cation Benefits Board of Actuaries, as the case may be, unless earlier removed by the Secretary of Defense.’’ § 183a. Military Aviation and Installation Assur- ance Clearinghouse for review of mission ob- structions (a) ESTABLISHMENT.—(1) The Secretary of De- fense shall establish a Military Aviation and In- stallation Assurance Siting Clearinghouse (in this section referred to as the ‘‘Clearinghouse’’). (2) The Clearinghouse shall be— (A) organized under the authority, direction, and control of an Assistant Secretary of De- fense designated by the Secretary; and (B) assigned such personnel and resources as the Secretary considers appropriate to carry out this section. (b) FUNCTIONS.—(1) The Clearinghouse shall coordinate Department of Defense review of ap- plications for energy projects or antenna struc- ture projects filed with the Secretary of Trans- portation pursuant to section 44718 of title 49 and received by the Department of Defense from the Secretary of Transportation. In performing such coordination, the Clearinghouse shall pro- vide procedures to ensure affected local military installations are consulted. Page 277 TITLE 10—ARMED FORCES § 183a (2) The Clearinghouse shall accelerate the de- velopment of planning tools necessary to deter- mine the acceptability to the Department of De- fense of proposals included in an application for an energy project or antenna structure project submitted pursuant to such section. (3) The Clearinghouse shall perform such other functions as the Secretary of Defense assigns. (c) REVIEW OF PROPOSED ACTIONS.—(1) Not later than 75 days after receiving from the Sec- retary of Transportation a proper application for an energy project or antenna structure project under section 44718 of title 49 that may have an adverse impact on military operations and readiness, the Clearinghouse shall conduct a preliminary review of such application. The re- view shall— (A) assess the likely scope, duration, and level of risk of any adverse impact of such en- ergy project or antenna structure project on military operations and readiness; and (B) identify any feasible and affordable ac- tions that could be taken by the Department, the developer of such energy project or an- tenna structure project, or others to mitigate the adverse impact and to minimize risks to national security while allowing the energy project or antenna structure project to pro- ceed with development. (2)(A) If the Clearinghouse finds under para- graph (1) that an energy project or antenna structure project will have an adverse impact on military operations and readiness, the Clearing- house shall issue to the applicant a notice of presumed risk that describes the concerns iden- tified by the Department in the preliminary re- view and requests a discussion of possible miti- gation actions. (B) After the Clearinghouse issues a notice under subparagraph (A) with respect to an en- ergy project or antenna structure project, the parties should seek to identify feasible and af- fordable actions that can be taken by the De- partment, the developer of such energy project or antenna structure project, or others to miti- gate any adverse impact on military operations and readiness. (C) A notice of presumed risk issued under subparagraph (A) is a preliminary assessment only and does not represent a formal objection pursuant to subsection (e). Discussions of pos- sible mitigation actions under such subpara- graph could favorably resolve any concerns iden- tified in the notice of presumed risk. (3) At the same time that the Clearinghouse issues to the applicant a notice of presumed risk under paragraph (2), the Clearinghouse shall provide the same notice to the governor of the State in which the project is located and request that the governor provide the Clearinghouse any comments the governor believes of relevance to the application. The Clearinghouse shall ensure that a governor has at least 30 days after the date on which the governor receives the notice of presumed risk to provide any such comments and shall provide detailed information and other information necessary to ensure that the gov- ernor can fully understand the nature of the pre- sumed risk. The Secretary of Defense shall con- sider the comments of the governor in the Sec- retary’s evaluation of whether the project pre- sents an unacceptable risk to the national secu- rity of the United States and shall include the comments with the finding provided to the Sec- retary of Transportation pursuant to section 44718(f) of title 49. (4) If, after issuing the notices of presumed risk required by paragraphs (2) and (3), the Sec- retary of Defense later concludes for any reason that the energy project or antenna structure project will not have an adverse impact on mili- tary readiness, the Clearinghouse shall notify the applicant and the governor in writing of that conclusion. (5) The Clearinghouse shall develop, in coordi- nation with other departments and agencies of the Federal Government, an integrated review process to ensure timely notification and con- sideration of energy projects or antenna struc- ture projects filed with the Secretary of Trans- portation pursuant to section 44718 of title 49 that may have an adverse impact on military operations and readiness. (6) The Clearinghouse shall establish proce- dures for the Department of Defense for the co- ordinated consideration of and response to a re- quest for a review received from another Federal agency, a State government, an Indian tribal government, a local government, a landowner, or the developer of an energy project or antenna structure project, including guidance to per- sonnel at each military installation in the United States on how to initiate such proce- dures and ensure a coordinated Department re- sponse. (7) The Clearinghouse shall develop procedures for conducting early outreach to parties car- rying out energy projects or antenna structure projects that could have an adverse impact on military operations and readiness and to clearly communicate to such parties actions being taken by the Department of Defense under this section. The procedures shall provide for filing by such parties of a project area and prelimi- nary project layout at least one year before ex- pected construction of any project proposed within a military training route or within line- of-sight of any air route surveillance radar, air- port surveillance radar, or wide area surveil- lance over-the-horizon radar operated or used by the Department of Defense in order to provide adequate time for analysis and negotiation of mitigation options. Material marked as propri- etary or competition sensitive by a party filing for this preliminary review shall be protected from public release by the Department of De- fense. (8) If, in reviewing an application for an en- ergy project or antenna structure project pursu- ant to paragraph (1), the Clearinghouse finds no adverse impact on military operations under section 44718(b)(1) of title 49, the Clearinghouse shall communicate to the Secretary of Trans- portation in writing, not later than five business days after making such finding, the following: ‘‘No Part 77 concerns, national security review ongoing.’’ (d) COMPREHENSIVE REVIEW.—(1) The Secretary of Defense shall develop a comprehensive strat- egy for addressing the impacts upon the mili- tary of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49. Page 278 TITLE 10—ARMED FORCES § 183a (2) In developing the strategy required by paragraph (1), the Secretary shall— (A) assess the magnitude of interference posed by projects filed with the Secretary of Transportation pursuant to section 44718 of title 49; (B) solely for the purpose of informing pre- liminary reviews under subsection (c)(1) and early outreach efforts under subsection (c)(5), identify distinct geographic areas selected as proposed locations for projects filed, or for projects that are reasonably expected to be filed in the near future, with the Secretary of Transportation pursuant to section 44718 of title 49 where the Secretary of Defense can demonstrate such projects could have an ad- verse impact on military operations and readi- ness, including military training routes or any active intercontinental ballistic missile launch facility or control center, and cat- egorize the risk of adverse impact in such areas; (C) develop procedures for the initial identi- fication of such geographic areas identified under subparagraph (B), to include a process to provide notice and seek public comment prior to making a final designation of the geo- graphic areas, including maps of the area and the basis for identification; (D) develop procedures to periodically review and modify, consistent with the notice and public comment process under subparagraph (C), geographic areas identified under subpara- graph (B) and to solicit and identify additional geographic areas as appropriate; (E) at the conclusion of the notice and pub- lic comment period conducted under subpara- graph (C), make a final finding on the designa- tion of a geographic area of concern or dele- gate the authority to make such finding to the Deputy Secretary of Defense, an Under Sec- retary of Defense, a Deputy Under Secretary of Defense, or, in the case of a geographic area of concern related to an active interconti- nental ballistic missile launch facility or con- trol center, the Assistant Secretary of Defense for Energy, Installations, and Environment; and (F) specifically identify feasible and afford- able long-term actions that may be taken to mitigate adverse impacts of projects filed, or which may be filed in the future, with the Sec- retary of Transportation pursuant to section 44718 of title 49, on military operations and readiness, including— (i) investment priorities of the Depart- ment of Defense with respect to research and development; (ii) modifications to military operations to accommodate applications for such projects; (iii) recommended upgrades or modifica- tions to existing systems or procedures by the Department of Defense; (iv) acquisition of new systems by the De- partment and other departments and agen- cies of the Federal Government and timelines for fielding such new systems; and (v) modifications to the projects for which such applications are filed with the Sec- retary of Transportation pursuant to section 44718 of title 49, including changes in size, lo- cation, or technology. (3) The governor of a State may recommend to the Secretary of Defense additional geo- graphical areas of concern within that State. Any such recommendation shall be submitted for notice and comment pursuant to paragraph (2)(C). (4) The Clearinghouse shall make access to data reflecting geographic areas identified under subparagraph (B) of paragraph (2) and reviewed and modified under subparagraph (C) of such paragraph available online. (e) DEPARTMENT OF DEFENSE FINDING OF UNAC- CEPTABLE RISK.—(1)(A) The Secretary of Defense may not object to an energy project or antenna structure project filed with the Secretary of Transportation pursuant to section 44718 of title 49, except in a case in which the Secretary of Defense determines, after giving full consider- ation to mitigation actions identified pursuant to this section, that such project, in isolation or cumulatively with other projects, would result in an unacceptable risk to the national security of the United States. (B)(i) In the case of any energy project or an- tenna structure project with proposed structures more than 200 feet above ground level located within two nautical miles of the geographic cen- ter of an active intercontinental ballistic mis- sile launch facility or control center, the Sec- retary of Defense shall issue a finding of unac- ceptable risk to national security for such project if the mitigation actions identified pur- suant to this section do not include removal of all such proposed structures from such project after receiving notice of presumed risk from the Clearinghouse under subsection (c)(2). (ii) Clause (i) does not apply to structures ap- proved before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 or to structures that are re-powered with updated technology in the same location as previously approved structures. (C) Any finding of unacceptable risk to na- tional security by the Secretary of Defense under this paragraph shall be transmitted to the Secretary of Transportation for inclusion in the report required under section 44718(b)(2) of title 49. (2)(A) Not later than 30 days after making a finding of unacceptable risk under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees, the Com- mittee on Commerce, Science, and Transpor- tation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on such finding and the basis for such finding. Such report shall in- clude an explanation of the operational impact that led to the finding, a discussion of the miti- gation options considered, and an explanation of why the mitigation options were not feasible or did not resolve the conflict. The report may in- clude a classified annex. Unclassified reports shall also be provided to the project proponent. The Secretary of Defense may provide public no- tice through the Federal Register of the finding. (B) The Secretary of Defense shall notify the appropriate State agency of a finding made under paragraph (1). (3) The Secretary of Defense may only dele- gate the responsibility for making a finding of Page 279 TITLE 10—ARMED FORCES § 183a 1 So in original. The semicolon probably should be a comma. unacceptable risk under paragraph (1) to the Deputy Secretary of Defense, an Under Sec- retary of Defense, or a Deputy Under Secretary of Defense. (4) The Clearinghouse shall develop procedures for making a finding of unacceptable risk, in- cluding with respect to how to implement cumu- lative effects analysis. Such procedures shall be subject to public comment prior to finalization. (f) AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS.—The Secretary of Defense is authorized to request and accept a voluntary contribution of funds from an applicant for an energy project or antenna structure project. Amounts so ac- cepted shall remain available until expended for the purpose of offsetting the cost of measures undertaken by the Secretary of Defense to miti- gate adverse impacts of such a project on mili- tary operations and readiness or to conduct studies of potential measures to mitigate such impacts. (g) EFFECT OF DEPARTMENT OF DEFENSE HAZ- ARD ASSESSMENT.—An action taken pursuant to this section shall not be considered to be a sub- stitute for any assessment or determination re- quired of the Secretary of Transportation under section 44718 of title 49. (h) DEFINITIONS.—In this section: (1) The term ‘‘adverse impact on military operations and readiness’’ means any adverse impact upon military operations and readi- ness, including flight operations, research, de- velopment, testing, and evaluation, and train- ing, that is demonstrable and is likely to im- pair or degrade the ability of the armed forces to perform their warfighting missions. (2) The term ‘‘antenna structure project’’— (A) means a project to construct a struc- ture located within two nautical miles of the geographic center of any intercontinental ballistic missile launch facility or control center that— (i) is constructed or used to transmit radio energy or that is constructed or used for the primary purpose of supporting an- tennas to transmit or receive radio energy (or both), and any antennas and other ap- purtenances mounted on the structure, from the time construction of the sup- porting structure begins until such time as the supporting structure is dismantled; and (ii) for which notification is required to be made to the Federal Aviation Adminis- tration pursuant to processes already es- tablished by law; and (B) does not include— (i) any structure constructed before the date of the enactment of the National De- fense Authorization Act for Fiscal Year 2024, including any such structure which is upgraded, repaired, or otherwise modified after such date of enactment as long as such upgrade, repair, or modification has not increased the height of such structure; or (ii) any project in support of or required by an intercontinental ballistic missile launch facility or control center, or any other such project that has been approved by the Secretary of Defense or the Sec- retary of Defense’s designee for use on the same military installation at which such facility or control center is located. (3) The term ‘‘intercontinental ballistic mis- sile launch facility or control center’’ means such facilities or control centers located at the Francis E. Warren Air Force Base; 1 the Malmstrom Air Force Base, and the Minot Air Force Base, and their respective missile fields. (4) The term ‘‘energy project’’ means a project that provides for the generation or transmission of electrical energy. (5) The term ‘‘governor’’, with respect to a State, means the chief executive officer of the State. (6) The term ‘‘landowner’’ means a person that owns a fee interest in real property on which a proposed energy project or antenna structure project is planned to be located. (7) The term ‘‘military installation’’ has the meaning given that term in section 2801(c)(4) of this title. (8) The term ‘‘military readiness’’ includes any training or operation that could be related to combat readiness, including testing and evaluation activities. (9) The term ‘‘military training route’’ means a training route developed as part of the Military Training Route Program, carried out jointly by the Administrator of the Fed- eral Aviation Administration and the Sec- retary of Defense, for use by the armed forces for the purpose of conducting low-altitude, high-speed military training. (10) The term ‘‘State’’ means the several States, the District of Columbia, the Common- wealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, and American Samoa. (11) The term ‘‘unacceptable risk to the na- tional security of the United States’’ means the construction, alteration, establishment, or expansion, or the proposed construction, alter- ation, establishment, or expansion, of a struc- ture or sanitary landfill, that the Secretary of Defense can demonstrate would— (A) endanger safety in air commerce di- rectly related to the activities of the De- partment of Defense; (B) interfere with the efficient use of the navigable airspace directly related to the ac- tivities of the Department of Defense; or (C) significantly impair or degrade the ca- pability of the Department of Defense to conduct training, research, development, testing, and evaluation, and operations or to maintain military readiness. (Added Pub. L. 115–91, div. A, title III, § 311(a), Dec. 12, 2017, 131 Stat. 1343; amended Pub. L. 116–92, div. A, title III, §§ 311, 312, 371, Dec. 20, 2019, 133 Stat. 1303, 1329; Pub. L. 116–283, div. A, title III, § 311, Jan. 1, 2021, 134 Stat. 3513; Pub. L. 117–81, div. A, title III, § 371(b), Dec. 27, 2021, 135 Stat. 1663; Pub. L. 118–31, div. A, title III, §§ 361, 362, Dec. 22, 2023, 137 Stat. 231; Pub. L. 118–159, div. A, title III, § 311, Dec. 23, 2024, 138 Stat. 1851.) Page 280 TITLE 10—ARMED FORCES § 184 Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsecs. (e)(1)(B)(ii) and (h)(2)(B)(i), is the date of en- actment of Pub. L. 118–31, which was approved Dec. 22, 2023. AMENDMENTS 2024—Subsec. (h)(2)(A)(ii). Pub. L. 118–159 substituted ‘‘by law’’ for ‘‘under this title’’. 2023—Pub. L. 118–31, § 362(b)(1), inserted ‘‘or antenna structure projects’’ after ‘‘energy projects’’ wherever appearing and inserted ‘‘or antenna structure project’’ after ‘‘energy project’’ wherever appearing except in subsecs. (e)(1) and (h)(2). Subsec. (c)(3). Pub. L. 118–31, § 361, inserted ‘‘The Clearinghouse shall ensure that a governor has at least 30 days after the date on which the governor receives the notice of presumed risk to provide any such com- ments and shall provide detailed information and other information necessary to ensure that the governor can fully understand the nature of the presumed risk.’’ after ‘‘to the application.’’ Subsec. (d)(2)(B). Pub. L. 118–31, § 362(a)(1)(A), inserted ‘‘or any active intercontinental ballistic missile launch facility or control center’’ after ‘‘military training routes’’. Subsec. (d)(2)(E). Pub. L. 118–31, § 362(a)(1)(B), sub- stituted ‘‘a Deputy Under Secretary of Defense, or, in the case of a geographic area of concern related to an active intercontinental ballistic missile launch facility or control center, the Assistant Secretary of Defense for Energy, Installations, and Environment’’ for ‘‘or a Deputy Under Secretary of Defense’’. Subsec. (e)(1). Pub. L. 118–31, § 362(a)(2), designated first sentence as subpar. (A) and inserted ‘‘or antenna structure project’’ after ‘‘energy project’’, designated second sentence as subpar. (C) and substituted ‘‘Any finding of unacceptable risk to national security by the Secretary of Defense under this paragraph’’ for ‘‘The Secretary of Defense’s finding of unacceptable risk to national security’’, and added subpar. (B) after subpar. (A) as so designated. Subsec. (h)(2) to (11). Pub. L. 118–31, § 362(b)(2), added pars. (2) and (3) and redesignated former pars. (2) to (9) as (4) to (11), respectively. 2021—Subsec. (c)(2). Pub. L. 116–283, § 311(1), des- ignated existing provisions as subpar. (A) and added subpar. (B). Subsec. (c)(2)(C). Pub. L. 117–81, § 371(b)(1), added sub- par. (C). Subsec. (c)(4) to (6). Pub. L. 116–283, § 311(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. Former par. (6) redesignated (7). Subsec. (c)(7). Pub. L. 116–283, § 311(2), (4), redesig- nated par. (6) as (7) and struck out ‘‘Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Labora- tory at the Massachusetts Institute of Technology or any successor entity.’’ before ‘‘Material marked’’. Subsec. (c)(8). Pub. L. 117–81, § 371(b)(2), added par. (8). 2019—Subsec. (c)(1). Pub. L. 116–92, § 311, substituted ‘‘75 days’’ for ‘‘60 days’’ in introductory provisions. Subsec. (c)(6). Pub. L. 116–92, § 371(1), in second sen- tence, substituted ‘‘air route surveillance radar, airport surveillance radar, or wide area surveillance over-the- horizon radar’’ for ‘‘air route surveillance radar or air- port surveillance radar’’ and inserted after second sen- tence ‘‘Any setback for a project pursuant to the pre- vious sentence shall not be more than what is deter- mined to be necessary by a technical analysis con- ducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity.’’ Subsec. (d)(2)(E). Pub. L. 116–92, § 371(2)(A), sub- stituted ‘‘the Deputy Secretary of Defense, an Under Secretary of Defense, or a Deputy Under Secretary of Defense’’ for ‘‘a Deputy Secretary of Defense, an Under Secretary of Defense, or a Principal Deputy Under Sec- retary of Defense’’. Subsec. (d)(3), (4). Pub. L. 116–92, § 371(2)(B), (C), added par. (3) and redesignated former par. (3) as (4). Subsec. (e)(3). Pub. L. 116–92, § 371(3), substituted ‘‘an Under Secretary of Defense, or a Deputy Under Sec- retary of Defense’’ for ‘‘an under secretary of defense, or a deputy under secretary of defense’’. Subsec. (f). Pub. L. 116–92, § 371(4), which directed the substitution of ‘‘from an entity requesting a review by the Clearinghouse under this section’’ for ‘‘from an ap- plicant for a project filed with the Secretary of Trans- portation pursuant to section 44718 of title 49’’, could not be executed because of the intervening amendment by Pub. L. 116–92, § 312. See note below. Pub. L. 116–92, § 312, substituted ‘‘for an energy project’’ for ‘‘for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49’’. Subsec. (h)(3) to (9). Pub. L. 116–92, § 371(5), added par. (3), redesignated former pars. (3) to (6) as (4) to (7), re- spectively, in par. (7) substituted ‘‘the Administrator of the Federal Aviation Administration’’ for ‘‘the Federal Aviation Administration’’, added par. (8), and redesig- nated former par. (7) as (9). Statutory Notes and Related Subsidiaries APPLICABILITY OF EXISTING RULES AND REGULATIONS Pub. L. 115–91, div. A, title III, § 311(c), Dec. 12, 2017, 131 Stat. 1348, provided that: ‘‘Notwithstanding the amendments made by subsection (a) [enacting this sec- tion], any rule or regulation promulgated to carry out section 358 of the Ike Skelton National Defense Author- ization Act for Fiscal Year 2011 [Pub. L. 111–383] (49 U.S.C. 44718 note), that is in effect on the day before the date of the enactment of this Act [Dec. 12, 2017] shall continue in effect and apply to the extent such rule or regulation is consistent with the authority under section 183a of title 10, United States Code, as added by subsection (a), until such rule or regulation is otherwise amended or repealed.’’ DEADLINE FOR INITIAL IDENTIFICATION OF GEOGRAPHIC AREAS Pub. L. 115–91, div. A, title III, § 311(d), Dec. 12, 2017, 131 Stat. 1348, provided that: ‘‘The initial identification of geographic areas under section 183a(d)(2)(B) of title 10, United States Code, as added by subsection (a), shall be completed not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017].’’ § 184. Civilian Protection Center of Excellence (a) ESTABLISHMENT.—The Secretary of Defense shall operate the Civilian Protection Center of Excellence. The purpose of the Center shall be to— (1) serve as the focal point for matters re- lated to civilian casualties and other forms of civilian harm resulting from military oper- ations involving the United States Armed Forces; and (2) institutionalize and advance knowledge, practices, and tools for preventing, miti- gating, and responding to civilian harm. (b) PURPOSE.—The Center shall be used to— (1) develop standardized civilian-harm oper- ational reporting and data management proc- esses to improve data collection, sharing, and learning across the Department of Defense; (2) develop, recommend, and review guid- ance, and the implementation of guidance, on how the Department responds to civilian harm; (3) develop recommended guidance for ad- dressing civilian harm across the full spec-