10 U.S.C. § 181
10 U.S.C. § 181
EDITORIAL NOTES
AMENDMENTS2021-Subsec. (b)(2) to (5). Pub. L. 117-81, §903(a)(1), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Former par. (5) redesignated (6). Subsec. (b)(6). Pub. L. 117-81, §903(a)(1)(A), redesignated par. (5) as (6). Former par. (6) redesignated (7).Subsec. (b)(7). Pub. L. 117-81, §1702(a)(2), which directed amendment of par. (6) by substituting "sections 4251(b), 4252(a)(4)," for "sections 2366a(b), 2366b(a)(4),", was executed by making the substitution in par. (7) to reflect the probable intent of Congress and the redesignation of par. (6) as (7) by Pub. L. 117-81, §903(a)(1)(A) . See below. Pub. L. 117-81, §903(a)(1)(A), redesignated par. (6) as (7). Pub. L. 116-283, §1850(m), which directed amendment of par. (6) by substituting "4375(b)" for "2433(e)(2)" effective Jan. 1, 2022, was executed by making the substitution in par. (7) to reflect the probable intent of Congress and the redesignation of par. (6) as (7) by Pub. L. 117-81, §903(a)(1)(A), effective Dec. 27, 2021. See above. Subsec. (c)(1)(F). Pub. L. 116-283, §924(b)(9), added subpar. (F).Subsec. (d)(1)(D). Pub. L. 117-81, §903(a)(2), substituted "Engineering who shall serve as the Chief Technical Advisor to the Council and-" and cls. (i) and (ii) for "Engineering." Pub. L. 116-283, §906(b), substituted "The" for "the". Subsec. (d)(4). Pub. L. 116-283, §906(a), added par. (4).2019-Subsec. (d)(1)(B). Pub. L. 116-92, §1621(e)(1)(A)(v), substituted "Under Secretary of Defense for Intelligence and Security" for "Under Secretary of Defense for Intelligence".Subsec. (d)(1)(C). Pub. L. 116-92, §902(7)(A), substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".Subsec. (d)(1)(D) to (H). Pub. L. 116-92, §902(7)(B), (C), added subpar. (D) and redesignated former subpars. (D) to (G) as (E) to (H), respectively.2018-Subsec. (b)(3) to (7). Pub. L. 115-232 redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which related to development of recommendations for program cost and fielding targets pursuant to section 2448a of this title.2017-Subsec. (b)(1). Pub. L. 115-91 substituted "section 113(g)" for "section 118". 2016- Pub. L. 114-328 amended section generally. Prior to amendment, section related to Joint Requirements Oversight Council and consisted of its establishment, mission, composition, advisors, organization, availability of oversight information to Congressional defense committees, and definitions.2015-Subsec. (d)(3). Pub. L. 114-92 added par. (3).2013-Subsec. (b)(1)(C). Pub. L. 112-239, §951(b)(1), substituted "in ensuring that appropriate trade-offs are made among life-cycle cost, schedule, and performance objectives, and procurement quantity objectives, in the establishment and approval of military requirements" for "in ensuring the consideration of trade-offs among cost, schedule, and performance objectives for joint military requirements".Subsec. (b)(3). Pub. L. 112-239, §951(b)(2), substituted "the total cost of such resources" for "such resource level".2011-Subsec. (a). Pub. L. 111-383, §841(d), substituted "There is" for "The Secretary of Defense shall establish".Subsec. (b)(3). Pub. L. 111-383, §1075(b)(8), which directed substitution of "Program Evaluation" for "Performance Evaluation", could not be executed because of the amendment by Pub. L. 111-383, §841(c)(2) . See below. Pub. L. 111-383, §841(c)(2), substituted "advisors to the Council under subsection (d)" for "Under Secretary of Defense (Comptroller), the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Director of Cost Assessment and Performance Evaluation".Subsec. (c)(1)(A). Pub. L. 111-383, §841(a)(1), inserted "Vice" before "Chairman of the Joint Chiefs of Staff".Subsec. (c)(1)(F). Pub. L. 111-383, §841(b), added subpar. (F).Subsec. (c)(2). Pub. L. 111-383, §841(a)(2), substituted "under subparagraphs (B), (C), (D), and (E) of paragraph (1)" for ",other than the Chairman of the Joint Chiefs of Staff,".Subsec. (c)(3). Pub. L. 111-383, §841(a)(3), struck out par. (3) which read as follows: "The functions of the Chairman of the Joint Chiefs of Staff as chairman of the Council may only be delegated to the Vice Chairman of the Joint Chiefs of Staff."Subsec. (d)(1). Pub. L. 111-383, §841(c)(1), substituted "The following officials of the Department of Defense shall serve as advisors to the Council on matters within their authority and expertise:" for "The Under Secretary of Defense for Acquisition, Technology, and Logistics, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation shall serve as advisors to the Council on matters within their authority and expertise." and added subpars. (A) to (F). 2009-Subsec. (b)(1)(C). Pub. L. 111-23, §201(b)(1), added subpar. (C).Subsec. (b)(3). Pub. L. 111-23, §201(b)(2)(A), inserted ",in consultation with the Under Secretary of Defense (Comptroller), the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Director of Cost Assessment and Performance Evaluation," after "assist the Chairman".Subsec. (b)(5). Pub. L. 111-23, §201(b)(2)(B) -(4), added par. (5). Subsec. (d). Pub. L. 111-23, §105(a), designated existing provisions as par. (1) and added par. (2). Pub. L. 111-23, §101(d)(1), substituted "Director of Cost Assessment and Program Evaluation" for "Director of the Office of Program Analysis and Evaluation".2008-Subsec. (b). Pub. L. 110-181, §942(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to mission of Joint Requirements Oversight Council. Subsec. (b)(4). Pub. L. 110-417 substituted "section 2366a(b), section 2366b(a)(4)," for "section 2366a(a)(4), section 2366b(b),". Subsec. (d). Pub. L. 110-181, §942(b)(2), added subsec. (d). Former subsec. (d) redesignated (f).Subsec. (e). Pub. L. 110-181, §942(c), added subsec. (e).Subsec. (f). Pub. L. 110-181, §942(b)(1), redesignated subsec. (d) as (f). Subsec. (g). Pub. L. 110-181, §942(d), added subsec. (g).2003-Subsec. (d)(2). Pub. L. 108-136 substituted "subsection, the term 'oversight" for "subsection:", struck out "(A) The term 'oversight" before "information' means", and struck out subpar. (B) which read as follows: "The term 'congressional defense committees' means-"(i) the Committee on Armed Services and the Committee on Appropriations of the Senate; and"(ii) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives."1999-Subsec. (d)(2)(B)(ii). Pub. L. 106-65 substituted "Committee on Armed Services" for "Committee on National Security".1996-Subsec. (d). Pub. L. 104-201 added subsec. (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2021 AMENDMENT Amendment 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.
EFFECTIVE DATE Pub. L. 104-106, div. A, title IX, §905(b), Feb. 10, 1996, 110 Stat. 404, provided that: "The amendments made by this section [enacting this section] shall take effect on January 31, 1997."
INPUT FROM COMMANDERS OF COMBATANT COMMANDS Pub. L. 111-23, §105(b), May 22, 2009, 123 Stat. 1718, provided that: "The Joint Requirements Oversight Council in the Department of Defense shall seek and consider input from the commanders of combatant commands, in accordance with section 181(d) of title 10, United States Code (as amended by subsection (a)). Such input may include, but is not limited to, an assessment of the following:"(1) Any current or projected missions or threats in the theater of operations of the commander of a combatant command that would inform the assessment of a new joint military requirement."(2) The necessity and sufficiency of a proposed joint military requirement in terms of current and projected missions or threats."(3) The relative priority of a proposed joint military requirement in comparison with other joint military requirements within the theater of operations of the commander of a combatant command."(4) The ability of partner nations in the theater of operations of the commander of a combatant command to assist in meeting the joint military requirement or the benefit, if any, of a partner nation assisting in development or use of technologies developed to meet the joint military requirement."
REVIEW OF JOINT MILITARY REQUIREMENTS Pub. L. 111-23, §201(c), May 22, 2009, 123 Stat. 1720, provided that: "The Secretary of Defense shall ensure that each new joint military requirement recommended by the Joint Requirements Oversight Council is reviewed to ensure that the Joint Requirements Oversight Council has, in making such recommendation-"(1) taken appropriate action to seek and consider input from the commanders of the combatant commands, in accordance with the requirements of section 181(d) of title 10, United States Code (as amended by section 105(a) of this Act);"(2) engaged in consideration of trade-offs among cost, schedule, and performance objectives in accordance with the requirements of section 181(b)(1)(C) of title 10, United States Code (as added by subsection (b)); and"(3) engaged in consideration of issues of joint portfolio management, including alternative material and non-material solutions, as provided in Department of Defense instructions for the development of joint military requirements."
STUDY GUIDANCE FOR ANALYSES OF ALTERNATIVES Pub. L. 111-23, §201(d), May 22, 2009, 123 Stat. 1720, provided that: "The Director of Cost Assessment and Program Evaluation shall take the lead in the development of study guidance for an analysis of alternatives for each joint military requirement for which the Chairman of the Joint Requirements Oversight Council is the validation authority. In developing the guidance, the Director shall solicit the advice of appropriate officials within the Department of Defense and ensure that the guidance requires, at a minimum-"(1) full consideration of possible trade-offs among cost, schedule, and performance objectives for each alternative considered; and"(2) an assessment of whether or not the joint military requirement can be met in a manner that is consistent with the cost and schedule objectives recommended by the Joint Requirements Oversight Council."
DEADLINES FOR INCLUSION OF CORE MISSION REFERENCES IN DOCUMENTS Pub. L. 110-181, div. A, title IX, §942(f), Jan. 28, 2008, 122 Stat. 288, provided that: "Effective June 1, 2009, all joint military requirements documents of the Joint Requirements Oversight Council produced to carry out its mission under section 181(b)(1) of title 10, United States Code, shall reference the core mission areas organized and defined under [former] section 118b of such title. Not later than October 1, 2009, all such documents produced before June 1, 2009, shall reference such structure."
REPORTS ON JOINT REQUIREMENTS OVERSIGHT COUNCIL REFORM INITIATIVE Pub. L. 106-398, §1 [[div. A], title IX, §916], Oct. 30, 2000, 114 Stat. 1654, 1654A-231, as amended by Pub. L. 107-107, div. A, title IX, §923, Dec. 28, 2001, 115 Stat. 1199, directed the Chairman of the Joints Chiefs of Staff to submit reports to committees of Congress not later than Mar. 1, 2001, Sept. 1, 2001, Mar. 1, 2002, and Mar. 1, 2003, on the progress made on the initiative of the Chairman to reform and refocus the Joint Requirements Oversight Council.
- Defense Agency
- The term "Defense Agency" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or(B) that is designated by the Secretary of Defense as a Defense Agency.
- National Guard
- The term "National Guard" means the Army National Guard and the Air National Guard.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- officer
- The term "officer" means a commissioned or warrant officer.