10 USC 118: Defense Strategy Review
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10 USC 118: Defense Strategy Review Text contains those laws in effect on September 30, 2016
From Title 10-ARMED FORCESSubtitle A-General Military LawPART I-ORGANIZATION AND GENERAL MILITARY POWERSCHAPTER 2-DEPARTMENT OF DEFENSE

§118. Defense Strategy Review

(a) Defense Strategy Review.-

(1) Review required.-Every four years, during a year following a year evenly divisible by four, the Secretary of Defense shall conduct a comprehensive examination (to be known as a "Defense Strategy Review") of the national defense strategy, force structure, modernization plans, posture, infrastructure, budget plan, and other elements of the defense program and policies of the United States with a view toward determining and expressing the defense strategy of the United States and establishing a defense program. Each such Defense Strategy Review shall be conducted in consultation with the Chairman of the Joint Chiefs of Staff.

(2) Conduct of review.-Each Defense Strategy Review shall be conducted so as to-

(A) delineate a national defense strategy in support of the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 3043);

(B) provide a mechanism for-

(i) setting priorities for sizing and shaping the force, guiding the development and sustainment of capabilities, allocating resources, and adjusting the organization of the Department of Defense to respond to changes in the strategic environment;

(ii) monitoring, assessing, and holding accountable agencies within the Department of Defense for the development of policies and programs that support the national defense strategy;

(iii) integrating and supporting other national and related interagency security policies and strategies with other Department of Defense guidance, plans, and activities; and

(iv) communicating such national defense strategy to Congress, relevant United States Government agencies, allies and international partners, and the private sector;


(C) consider three general timeframes of the near-term (associated with the future-years defense program), mid-term (10 to 15 years), and far-term (20 years);

(D) address the security environment, threats, trends, opportunities, and challenges, and define the nature and magnitude of the strategic and military risks associated with executing the national defense strategy by using the most recent net assessment submitted by the Secretary of Defense under section 113 of this title, the risk assessment submitted by Chairman of the Joint Chiefs of Staff under section 153 of this title, and, as determined necessary or useful by the Secretary, any other Department of Defense, Government, or non-government strategic or intelligence estimate, assessment, study, or review;

(E) define the force size and structure, capabilities, modernization plans, posture, infrastructure, readiness, organization, and other elements of the defense program of the Department of Defense that would be required to execute missions called for in such national defense strategy;

(F) to the extent practical, estimate the budget plan sufficient to execute the missions called for in such national defense strategy;

(G) define the nature and magnitude of the strategic and military risks associated with executing such national defense strategy; and

(H) understand the relationships and tradeoffs between missions, risks, and resources.


(3) Submission of report on defense strategy review to congressional committees.-The Secretary shall submit a report on each Defense Strategy Review to the Committees on Armed Services of the Senate and the House of Representatives. Each such report shall be submitted by not later than March 1 of the year following the year in which the review is conducted. If the year in which the review is conducted is in the second term of a President, the Secretary may submit an update to the Defense Strategy Review report submitted during the first term of that President.

(4) Elements.-The report required by paragraph (3) shall provide a comprehensive discussion of the Review, including each of the following:

(A) The national defense strategy of the United States.

(B) The assumed or defined prioritized national security interests of the United States that inform the national defense strategy defined in the Review.

(C) The assumed strategic environment, including the threats, developments, trends, opportunities, and challenges that affect the assumed or defined national security interests of the United States.

(D) The assumed steady state activities, crisis and conflict scenarios, military end states, and force planning construct examined in the review.

(E) The prioritized missions of the armed forces under the strategy and a discussion of the roles and missions of the components of the armed forces to carry out those missions.

(F) The assumed roles and capabilities provided by other United States Government agencies and by allies and international partners.

(G) The force size and structure, capabilities, posture, infrastructure, readiness, organization, and other elements of the defense program that would be required to execute the missions called for in the strategy.

(H) An assessment of the significant gaps and shortfalls between the force size and structure, capabilities, and additional elements as required by subparagraph (G) and the current elements in the Department's existing program of record, a prioritization of those gaps and shortfalls, and an understanding of the relationships and tradeoffs between missions, risks, and resources.

(I) An assessment of the risks assumed by the strategy, including-

(i) how the Department defines, categorizes, and measures risk, including strategic and military risk; and

(ii) the plan for mitigating major identified risks, including the expected timelines for, and extent of, any such mitigation, and the rationale for where greater risk is accepted.


(J) Any other key assumptions and elements addressed in the review or that the Secretary considers necessary to include.


(5) CJCS review.-(A) Upon the completion of each Review under this subsection, the Chairman of the Joint Chiefs of Staff shall prepare and submit to the Secretary of Defense the Chairman's assessment of risks under the defense strategy developed by the Review and a description of the capabilities needed to address such risks.

(B) The Chairman's assessment shall be submitted to the Secretary in time for the inclusion of the assessment in the report on the Review required by paragraph (3). The Secretary shall include the Chairman's assessment, together with the Secretary's comments, in the report in its entirety.

(6) Form.-The report required under paragraph (3) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines it is necessary to protect national security.


(b) National Defense Panel.-

(1) Establishment.-Not later than February 1 of a year following a year evenly divisible by four, there shall be established an independent panel to be known as the National Defense Panel (in this subsection referred to as the "Panel"). The Panel shall have the duties set forth in this subsection.

(2) Membership.-The Panel shall be composed of ten members from private civilian life who are recognized experts in matters relating to the national security of the United States. Eight of the members shall be appointed as follows:

(A) Two by the chairman of the Committee on Armed Services of the House of Representatives.

(B) Two by the chairman of the Committee on Armed Services of the Senate.

(C) Two by the ranking member of the Committee on Armed Services of the House of Representatives.

(D) Two by the ranking member of the Committee on Armed Services of the Senate.


(3) Co-chairs of the panel.-In addition to the members appointed under paragraph (2), the Secretary of Defense shall appoint two members from private civilian life to serve as co-chairs of the panel.

(4) Period of appointment; vacancies.-Members shall be appointed for the life of the Panel. Any vacancy in the Panel shall be filled in the same manner as the original appointment.

(5) Duties.-The Panel shall have the following duties with respect to a Defense Strategy Review conducted under subsection (a):

(A) Assessing the current and future security environment, including threats, trends, developments, opportunities, challenges, and risks, by using the most recent net assessment submitted by the Secretary of Defense under section 113 of this title, the risk assessment submitted by Chairman of the Joint Chiefs of Staffs under section 153 of this title, and, as determined necessary or useful by the Panel, any other Department of Defense, Government, or non-government strategic or intelligence estimate, assessment, study, review, or expert.

(B) Suggesting key issues that should be addressed in the Defense Strategy Review.

(C) Based upon the assessment under subparagraph (A), identifying and discussing the national security interests of the United States and the role of the armed forces and the Department of Defense related to the protection or promotion of those interests.

(D) Assessing the report on the Defense Strategy Review submitted by the Secretary of Defense under subsection (a)(3).

(E) Assessing the assumptions, strategy, findings, and risks of the report on the Defense Strategy Review submitted under subsection (a)(3).

(F) Considering alternative defense strategies.

(G) Assessing the force structure and capabilities, posture, infrastructure, readiness, organization, budget plans, and other elements of the defense program of the United States to execute the missions called for in the Defense Strategy Review and in the alternative strategies considered under subparagraph (F).

(H) Providing to Congress and the Secretary of Defense, in the report required by paragraph (7), any recommendations it considers appropriate for their consideration.


(6) First meeting.-If the Secretary of Defense has not made the Secretary's appointments to the Panel under paragraph (3) by March 1 of a year in which the Panel is established, the Panel shall convene for its first meeting with the remaining members.

(7) Reports.-Not later than three months after the date on which the report on a Defense Strategy Review is submitted under paragraph (3) of subsection (a) to the committees of Congress referred to in such paragraph, the Panel shall submit to such committees a report on the Panel's assessment of such Defense Strategy Review, as required by paragraph (5).

(8) Administrative provisions.-The following administrative provisions apply to a Panel established under paragraph (1):

(A) The Panel may request directly from the Department of Defense and any of its components such information as the Panel considers necessary to carry out its duties under this subsection. The head of the department or agency concerned shall cooperate with the Panel to ensure that information requested by the Panel under this paragraph is promptly provided to the maximum extent practical.

(B) Upon the request of the co-chairs, the Secretary of Defense shall make available to the Panel the services of any federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense.

(C) The Panel shall have the authorities provided in section 3161 of title 5 and shall be subject to the conditions set forth in such section.

(D) Funds for activities of the Panel shall be provided from amounts available to the Department of Defense.


(9) Termination.-A Panel established under paragraph (1) shall terminate 45 days after the date on which the Panel submits its report on a Defense Strategy Review under paragraph (7).

(Added Pub. L. 106–65, div. A, title IX, §901(a)(1), Oct. 5, 1999, 113 Stat. 715 ; amended Pub. L. 107–107, div. A, title IX, §921(a), Dec. 28, 2001, 115 Stat. 1198 ; Pub. L. 107–314, div. A, title IX, §§922, 923, Dec. 2, 2002, 116 Stat. 2623 ; Pub. L. 109–364, div. A, title X, §1031(c)–(f), Oct. 17, 2006, 120 Stat. 2385 , 2386; Pub. L. 110–181, div. A, title IX, §§941(b), 951(a), Jan. 28, 2008, 122 Stat. 287 , 290; Pub. L. 111–84, div. A, title X, §§1002, 1073(a)(2), div. B, title XXVIII, §2822(b), Oct. 28, 2009, 123 Stat. 2439 , 2472, 2666; Pub. L. 111–383, div. A, title X, §1071, Jan. 7, 2011, 124 Stat. 4364 ; Pub. L. 112–81, div. A, title VIII, §820(a), title IX, §942, Dec. 31, 2011, 125 Stat. 1501 , 1548; Pub. L. 113–291, div. A, title X, §§1071(c)(2), (f)(1), 1072(a)(1), Dec. 19, 2014, 128 Stat. 3508 , 3510, 3512.)

Prior Provisions

A prior section 118, added Pub. L. 97–295, §1(2)(A), Oct. 12, 1982, 96 Stat. 1288 , §133b; renumbered §118, Pub. L. 99–433, title I, §101(a)(2), Oct. 1, 1986, 100 Stat. 994 , required reports to Congress on sales or transfers of defense articles, prior to repeal by Pub. L. 101–510, div. A, title XIII, §1301(2), Nov. 5, 1990, 104 Stat. 1668 .

Amendments

2014-Pub. L. 113–291, §1072(a)(1), amended section generally, substituting provisions relating to defense strategy review for provisions which related to quadrennial defense review.

Subsec. (b)(1). Pub. L. 113–291, §1071(c)(2), substituted "(50 U.S.C. 3043)" for "(50 U.S.C. 404a)".

Subsec. (g). Pub. L. 113–291, §1071(f)(1), struck out subsec. (g) which related to consideration of effect of climate change on Department facilities, capabilities, and missions.

2011-Subsec. (b)(4). Pub. L. 112–81, §942, amended par. (4) generally. Prior to amendment, par. (4) read as follows: "to make recommendations that are not constrained to comply with the budget submitted to Congress by the President pursuant to section 1105 of title 31."

Subsec. (d)(4)(F). Pub. L. 112–81, §820(a)(1), added subpar. (F).

Subsec. (d)(6). Pub. L. 112–81, §820(a)(2), substituted "manpower, sustainment, and contractor support" for "manpower and sustainment".

Subsec. (d)(8). Pub. L. 112–81, §820(a)(3), inserted ", and the scope of contractor support," after "Defense Agencies".

Subsec. (f). Pub. L. 111–383 amended subsec. (f) generally. Prior to amendment, text read as follows:

"(1) Not later than six months before the date on which the report on a Quadrennial Defense Review is to be submitted under subsection (d), the Secretary of Defense shall establish a panel to conduct an assessment of the quadrennial defense review.

"(2) Not later than three months after the date on which the report on a quadrennial defense review is submitted under subsection (d) to the congressional committees named in that subsection, the panel appointed under paragraph (1) shall submit to those committees an assessment of the review, including the recommendations of the review, the stated and implied assumptions incorporated in the review, and the vulnerabilities of the strategy and force structure underlying the review. The assessment of the panel shall include analyses of the trends, asymmetries, and concepts of operations that characterize the military balance with potential adversaries, focusing on the strategic approaches of possible opposing forces."

2009-Subsec. (g)(1), (2). Pub. L. 111–84, §1073(a)(2), substituted "January 28, 2008," for "the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008".

Subsec. (h). Pub. L. 111–84, §1002, added subsec. (h).

Subsec. (i). Pub. L. 111–84, §2822(b), added subsec. (i).

2008-Subsec. (e)(2), (3). Pub. L. 110–181, §941(b), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "The Chairman shall include as part of that assessment the Chairman's assessment of the assignment of functions (or roles and missions) to the armed forces, together with any recommendations for changes in assignment that the Chairman considers necessary to achieve maximum efficiency of the armed forces. In preparing the assessment under this paragraph, the Chairman shall consider (among other matters) the following:

"(A) Unnecessary duplication of effort among the armed forces.

"(B) Changes in technology that can be applied effectively to warfare."

Subsec. (g). Pub. L. 110–181, §951(a), added subsec. (g).

2006-Subsec. (b)(4). Pub. L. 109–364, §1031(c), added par. (4).

Subsec. (d)(1). Pub. L. 109–364, §1031(d)(1), inserted ", the strategic planning guidance," after "United States".

Subsec. (d)(9) to (15). Pub. L. 109–364, §1031(d)(2), (3), added par. (9) and redesignated former pars. (9) to (14) as (10) to (15), respectively. Former par. (15) redesignated (17).

Subsec. (d)(16). Pub. L. 109–364, §1031(d)(4), added par. (16).

Subsec. (d)(17). Pub. L. 109–364, §1031(d)(2), redesignated par. (15) as (17).

Subsec. (e)(1). Pub. L. 109–364, §1031(e), inserted "and a description of the capabilities needed to address such risk" before period at end.

Subsec. (f). Pub. L. 109–364, §1031(f), added subsec. (f).

2002-Subsec. (d). Pub. L. 107–314, §922, substituted "in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105(a) of title 31" for "not later than September 30 of the year in which the review is conducted" in second sentence of introductory provisions.

Subsec. (d)(14), (15). Pub. L. 107–314, §923, added par. (14) and redesignated former par. (14) as (15).

2001-Subsec. (e). Pub. L. 107–107 designated the first sentence of existing provisions as par. (1), the second and third sentences of existing provisions as par. (3), and added par. (2).

Effective Date of 2014 Amendment

Pub. L. 113–291, div. A, title X, §1072(c), Dec. 19, 2014, 128 Stat. 3517 , provided that: "Section 118 of such title [meaning title 10, United States Code], as amended by subsection (a), and the amendments made by this section [amending this section and repealing section 118b of this title], shall take effect on October 1, 2015."

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Additional Requirement for Next Defense Strategy Review

Pub. L. 113–291, div. A, title X, §1072(d), Dec. 19, 2014, 128 Stat. 3517 , provided that: "The first Defense Strategy Review required by subsection (a)(1) of section 118 of title 10, United States Code, as amended by subsection (a) of this section, shall include an analysis of enduring mission requirements for equipping, training, sustainment, and other operation and maintenance activities of the Department of Defense, including the Defense Agencies and military departments, that are financed by amounts authorized to be appropriated for overseas contingency operations."

Implementation

Pub. L. 110–181, div. A, title IX, §951(b), Jan. 28, 2008, 122 Stat. 291 , provided that: "The Secretary of Defense shall ensure that [former] subsection (g) of section 118 of title 10, United States Code, as added by subsection (a), is implemented in a manner that does not have a negative impact on the national security of the United States."

Findings and Sense of Congress

Pub. L. 109–364, div. A, title X, §1031(a), (b), Oct. 17, 2006, 120 Stat. 2385 , provided that:

"(a) Findings.-Congress finds that the comprehensive examination of the defense program and policies of the United States that is undertaken by the Security [Secretary of] Defense every four years pursuant to section 118 of title 10, United States Code, known as the Quadrennial Defense Review, is-

"(1) vital in laying out the strategic military planning and threat objectives of the Department of Defense; and

"(2) critical to identifying the correct mix of military planning assumptions, defense capabilities, and strategic focuses for the Armed Forces.

"(b) Sense of Congress.-It is the sense of Congress that the Quadrennial Defense Review is intended to provide more than an overview of global threats and the general strategic orientation of the Department of Defense."

Assessment With Respect to 2001 QDR

Pub. L. 107–107, div. A, title IX, §921(c), Dec. 28, 2001, 115 Stat. 1198 , directed the Chairman of the Joint Chiefs of Staff to submit to Congress, not later than one year after Dec. 28, 2001, an assessment of functions (or roles and missions) of the Armed Forces in accordance with par. (2) of subsec. (e) of this section based on the findings in the 2001 Quadrennial Defense Review issued by the Secretary of Defense on Sept. 30, 2001.

Revised Nuclear Posture Review

Pub. L. 106–398, §1 [[div. A], title X, §1041], Oct. 30, 2000, 114 Stat. 1654 , 1654A-262, as amended by Pub. L. 107–107, div. A, title X, §1033, Dec. 28, 2001, 115 Stat. 1216 , directed the Secretary of Defense to conduct a comprehensive review of the nuclear posture of the United States for the next 5 to 10 years, and to submit to Congress a report on the results of such review concurrently with the Quadrennial Defense Review report due in Dec. 2001.

Specified Matter for First QDR

Pub. L. 106–65, div. A, title IX, §901(c), Oct. 5, 1999, 113 Stat. 717 , directed the Secretary of Defense to include, in the first quadrennial defense review conducted under this section, precision guided munitions, stealth, night vision, digitization, and communications within the technologies considered for the purposes of subsec. (d)(13) of this section.