DSB Charter

1. Committee’s Official Designation: The committee shall be known as the Defense Science Board (DSB).

2. Authority: The Secretary of Defense, in accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C., Appendix) and 41 C.F.R. § 102- 3.50(d), established this discretionary advisory committee.

3. Objectives and Scope of Activities: The DSB shall provide independent advice and recommendations on matters supporting the Department of Defense’s (DoD) scientific and technical enterprise, as set out in paragraph four below.

4. Description of Duties: The DSB shall focus on matters concerning science, technology, manufacturing, acquisition process, and other topics of special interest to the Department in response to specific tasks from the Secretary of Defense, the Deputy Secretary of Defense (“the DoD Appointing Authority”), or the Under Secretary of Defense (Research and Engineering) (USD(R&E)).

The DSB is not established to advise on individual DoD procurements, but instead shall be concerned with the pressing and complex technological problems facing the DoD in such areas as research, engineering, organizational structure and process, business and functional concepts, and manufacturing, and will ensure the identification of new technologies and new applications of technology in those areas to strengthen national security. No matter shall be assigned to the DSB for its consideration that would require any DSB member to participate personally and substantially in any actions related to procurements or place him or her in the position of acting as a contracting or procurement official.

5. Agency or Official to Whom the Committee Reports: The DSB reports to the DoD Appointing Authority through the USD(R&E), who may act upon the DSB’s advice and recommendations in accordance with DoD policy and procedures.

6. Support: The DoD, through the Office of the USD(R&E), provides support for the DSB and ensures compliance with the requirements of the FACA, the Government in the Sunshine Act (“the Sunshine Act”) (5 U.S.C. § 552b), governing Federal statutes and regulations, and DoD policy and procedures.

7. Estimated Annual Operating Costs and Staff Years: The estimated annual operating cost, to include travel, meetings, and contract support, is approximately $3.7 million. The estimated annual personnel cost to the DoD is 4.0 full-time equivalents.

8. Designated Federal Officer: The DSB’s Designated Federal Officer (DFO) shall be a full-time or permanent part-time DoD Federal civilian officer or employee, or active duty member of the Armed Forces, designated in accordance with DoD policy and procedures. The DSB’s DFO is required to attend all DSB and subcommittee meetings for the entire duration of each and every meeting. However, in the absence of the DSB’s DFO, a properly approved Alternate DFO, duly designated to the DSB in accordance with DoD policy and procedures, shall attend the entire duration of all DSB and subcommittee meetings.

The DFO, or the Alternate DFO, calls all DSB and subcommittee meetings; prepares and approves all meeting agendas; and adjourns any meeting when the DFO, or the Alternate DFO, determines adjournment to be in the public’s interest or required by governing regulations or DoD policy and procedures.

9. Estimated Number and Frequency of Meetings: The DSB shall meet at the call of the DSB’s DFO, in consultation with the DSB’s Chair and the USD(R&E). The estimated number of meetings is four per year.

10. Duration: The need for the DSB is on a continuing basis; however, this charter is subject to renewal every two years.

11. Termination: The DSB shall terminate upon completion of its mission or two years from the date this charter is filed, whichever is sooner, unless the DoD renews the DSB in accordance with DoD policy and procedures.

12. Membership and Designation: The DSB shall be composed of no more than 40 members, who are eminent authorities in the fields of science, technology, manufacturing, acquisition process, and other matters of special interest to the DoD. Members will consist of talented, innovative private sector leaders with a diversity of background, experience, and thought in support of the DSB missions.

The appointment of DSB members shall be approved by the DoD Appointing Authority for a term of service of one-to-four years, with annual renewals, in accordance with DoD policy and procedures. No member, unless approved by the DoD Appointing Authority, may serve more than two consecutive terms of service on the DSB, including its subcommittees, or serve on more than two DoD Federal advisory committees at one time. The DoD Appointing Authority shall appoint the DSB’s Chair from among the membership previously approved, in accordance with DoD policy and procedures, for a term of service of one-to-two years, with annual renewal, which shall not exceed the member’s approved DSB appointment.

DSB members who are not full-time or permanent part-time Federal civilian officers or employees, or active duty members of the Uniformed Services, shall be appointed as experts or consultants pursuant to 5 U.S.C. § 3109 to serve as special government employee (SGE) members. DSB members who are full-time or permanent part-time Federal civilian officers or employees, or active duty members of the Uniformed Services, shall be appointed pursuant to 41 C.F.R. § 102-3.130(a) to serve as regular government employee (RGE) members.

All members of the DSB are appointed to exercise their own best judgment without representing any particular point of view and in a manner that is free from conflict of interest. With the exception of reimbursement of official DSB-related travel and per diem, DSB members serve without compensation.

13. Subcommittees: The DoD, when necessary and consistent with the DSB’s mission and DoD policy and procedures, may establish subcommittees, task forces, or working groups (“subcommittees”) to support the DSB. Establishment of subcommittees shall be based upon a written determination, to include terms of reference (ToR), by the DoD Appointing Authority or the USD(R&E), as the DSB’s Sponsor. All subcommittees operate in accordance with the FACA, the Sunshine Act, governing Federal statutes and regulations, and DoD policy and procedures. If a subcommittee’s duration, as determined by its ToR, exceeds that of the DSB and the DoD does not renew the DSB, then the subcommittee shall terminate when the DSB does.

A subcommittee shall not work independently of the DSB and shall report all of its recommendations and advice solely to the DSB for its thorough deliberation and discussion at a properly noticed and open DSB meeting, subject to the Sunshine Act. A subcommittee has no authority to make decisions or recommendations, orally or in writing, on behalf of the DSB. Neither the subcommittee nor any of its members may provide updates or report, orally or in writing, directly to the DoD or any Federal officer or employee, or member of the Armed Forces. If a majority of DSB members are appointed to a particular subcommittee, then that subcommittee may be required to operate pursuant to the same FACA notice and openness requirements which govern the DSB’s operations.

Individual appointments to serve on DSB subcommittees, which are separate and distinct from appointment to the DSB itself, shall be approved by the DoD Appointing Authority for a term of service of one-to-four years, with annual renewals, in accordance with DoD policy and procedures. No member shall serve more than two consecutive terms of service on the subcommittee unless approved by the DoD Appointing Authority. The DoD Appointing Authority shall appoint subcommittee leadership from among the membership previously approved, in accordance with DoD policy and procedures, for a term of service of one-to-two years, with annual renewal, which will not exceed the member’s approved subcommittee appointment.

Subcommittee members who are not full-time or permanent part-time Federal civilian officers or employees, or active duty members of the Uniformed Services, shall be appointed as experts or consultants pursuant to 5 U.S.C. § 3109 to serve as SGE members. Subcommittee members who are full-time or permanent part-time Federal civilian officers or employees, or active duty members of the Uniformed Services, shall be appointed pursuant to 41 C.F.R. § 102-3.130(a) to serve as RGE members. Each subcommittee member is appointed to exercise his or her own best judgment without representing any particular point of view and in a manner that is free from conflicts of interest. With the exception of reimbursement of official DSB- and subcommittee-related travel and per diem, subcommittee members shall serve without compensation.

14. Recordkeeping: The records of the DSB and its subcommittees shall be managed in accordance with General Records Schedule 6.2, Federal Advisory Committee Records, or other approved agency records disposition schedule, and the appropriate DoD policy and procedures. These records shall be available for public inspection and copying, subject to the Freedom of Information Act (5 U.S.C. § 552).

15. Filing Date: May 6, 2022

Membership Balance Plan

Agency: Department of Defense (DoD)

1. Authority: The Secretary of Defense, in accordance with the Federal Advisory Committee Act (5 U.S.C., Appendix) and 41 C.F.R. § 102-3.50(d), established the Defense Science Board (DSB) as a discretionary advisory committee.

2. Mission/Function: The DSB provides independent advice and recommendations on matters concerning science, technology, manufacturing, acquisition process, and other topics of special interest to the DoD in response to specific tasks from the Secretary of Defense, the Deputy Secretary of Defense (“the DoD Appointing Authority”), or the Under Secretary of Defense (Research and Engineering) (USD(R&E)).

3. Points of View: The DSB shall be composed of no more than 40 members, who are eminent authorities in the fields of science, technology, manufacturing, acquisition process, and other matters of special interest to the DoD. Membership will consist of talented private sector leader with a diversity of background, experience, and thought in support of the DSB mission.

The DoD, in evaluating candidates for the DSB, considers the candidate’s educational and professional experience concerning the subject matters anticipated to be tasked to the DSB. The DoD has found that viewing the complex issues facing the DoD through a multidisciplinary advisory committee provides the DoD and, more importantly, the American public with a broader understanding of the issues on which subsequent policy decisions are based. Membership shall be fairly balanced to provide a variety of background, experience, and thought in support of the DSB’s mission. The DSB’s membership balance is not static, and the DoD Appointing Authority may change the membership based upon work assigned to the DSB by the DoD Appointing Authority or the USD(R&E)), as the DSB’s Sponsor.

Each DSB member, based upon their individual experiences, exercises his or her own best judgment concerning matters before the DSB, does not represent any particular point of view, and discusses and deliberates in a manner that is free from conflicts of interest. DSB members who are not full-time or permanent part-time Federal civilian officers or employees, or active duty members of the Uniformed Services, shall be appointed as experts or consultants pursuant to 5 U.S.C. § 3109 to serve as special government employee (SGE) members. DSB members who are full-time or permanent part-time Federal civilian officers or employees, or active duty members of the Uniformed Services, shall be appointed pursuant to 41 C.F.R. § 102-3.130(a) to serve as regular government employee (RGE) members. The DoD, unless otherwise provided for by by statute, does not use representative members on DoD-established or supported advisory committees.

4. Other Balance Factors: N/A.

5. Candidate Identification Process: The DoD, in selecting potential candidates for the DSB, reviews the education and professional credentials of individuals and bases its selection on this review and the subject matters to be handles by the DSB.

The process is designed to promote diversity of background, experience, and thought. Initially, the USD(R&E) requesting recommendations for potential candidates from the DSB’s professional staff and senior DoD career and political officials. Potential candidates for appointment come from government service, military service, academia, or private industry, and individual appointments are based on the subject matter being reviewed by the DSB. In selecting members, the DoD seeks to capitalize on talented, innovative private and public sector leaders to provide a more diverse and inclusive DSB membership.

Once potential candidates are identified, the Designated Federal Officer (DFO), in consultation with the DSB’s staff, reviews the credentials of each individual and narrows the list of potential candidates. The list of candidates, once finalized by the DFO, is reviewed by the USD(R&E) in consultation with the Special Assistant to the Secretary of Defense for White House Liaison (SATSD(WHL)). The USD(R&E), in his or her review, strives to achieve a balance between the professional credentials of the individuals and the near-term subjects to be reviewed by the DSB to achieve a membership that is diverse and inclusive, both in terms of points of view to be represented and the functions to be performed by the DSB.

Before formal nomination to the DoD Appointing Authority, the list of potential nominees is reviewed by the Office of General Counsel of the Department of Defense, the SATSD(WHL), and the DoD Advisory Committee Management Officer (ACMO) to ensure compliance with Federal and DoD governance requirements, including compliance with the DSB’s charter and membership balance plan. Following this review, the Director of Administration and Management forwards the DoD Appointment Approval Instrument, which was prepared by the ACMO, to the DoD Appointing Authority for appointment consideration. Following approval by the DoD Appointing Authority, the candidates must complete appointment paperwork and training, to include any financial disclosure or other ethics requirements stipulated by the Office of Government Ethics for advisory committee members.

All DSB appointments are for a term of service of one-to-four years with annual renewals. No member, unless approved by the DoD Appointing Authority, may serve more than two consecutive terms of service on the DSB, including its subcommittees. Membership vacancies for the DSB will be filled in the same manner as described above.

6. Subcommittee Appointments: The DoD, when necessary and consistent with the DSB’s mission and DoD policy and procedures, may establish subcommittees, task forces, or working groups (“subcommittees”) to support the DSB.

Individuals considered for appointment to any subcommittee of the DSB may come from the DSB itself or from new nominees, as recommended by the USD(R&E) and based upon the subject matters under consideration. Pursuant to DoD policy and procedures, the USD(R&E) shall follow the procedures described above in section 5 to nominate new members for appointment to a subcommittee.

Subcommittee members shall be appointed for a term of service of one-to-four years, with annual renewals; however, no member will serve more than two consecutive terms of service on a subcommittee unless previously approved by the DoD Appointing Authority.

7. Other: As nominees are considered for appointment to the DSB, the DoD adheres to the Office of Management and Budget’s Revised Guidance on Appointment of Lobbyists to Federal Advisory Committee, Boards, and Commissions (79 FR 47482; August 13, 2014); the rules and regulations issued by the Office of Government Ethics; and the Director of the Office of Science and Technology Policy memorandum of December 17, 2010, concerning scientific integrity; and section 7 of the Presidential Memorandum, “Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking,” dated January 27, 2021.

8. Date Prepared: May 6, 2022