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Title 10 — Armed Forces

Part I · Chapter 2 — Department of Defense

§ 118b. National Defense Sustainment and Logistics Review

Statutory text

(a)

Review Required.—

Upon submission of each national defense strategy under section 113(g) of this title, the Secretary of Defense shall conduct a comprehensive review of the sustainment and logistics requirements necessary to support the force structure, force modernization, infrastructure, force deployment capabilities, response to risks to military installation resilience, and other elements of the defense program and policies of the United States during the subsequent 5-, 10-, and 25-year periods. Each such review shall be known as the ‘National Defense Sustainment and Logistics Review’. Each such review shall be conducted in consultation with the Secretaries of the military departments, the Chiefs of Staff of the Armed Forces, all functional and geographic combatant commanders, and the Director of the Defense Logistics Agency.

(b)

Report to Congress.—

(1)

Not later than the first Monday in February of the year following the fiscal year during which the National Defense Strategy was submitted under section 113(g) of this title, the Secretary shall submit to the congressional defense committees a report on the review required by subsection (a). Each such report shall include each of the following:

(A)

An assessment of the strategic, operational, and tactical maritime logistics force (including non-military assets provided by Military Sealift Command, the Maritime Administration, and through the Voluntary Intermodal Sealift Agreement and Voluntary Tanker Agreement) required to support sealift, at sea logistics, and over-the-shore logistics of forces to meet steady state and contingency requirements and the strategic and intra-theater movement of supplies, personnel, and equipment.

(B)

An assessment of the strategic, operational, and tactical airlift and tankers (including non-military assets provided by the Civil Reserve Air Fleet) required to meet steady state and contingency requirements.

(C)

An assessment of the location, configuration, material condition, and inventory of prepositioned materiel, equipment, and war reserves programs, as well as the ability to store and distribute these items to deployed military forces, required to meet steady state and contingency requirements.

(D)

An assessment of the location, infrastructure, and storage capacity for petroleum, oil, and lubricant products, as well as the ability to store, transport, and distribute such products from storage supply points to deployed military forces, required to meet steady state and contingency requirements.

(E)

An assessment of the capabilities, capacity, and infrastructure of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge software and depot maintenance requirements.

(F)

An assessment of the production capability, capacity, and infrastructure, of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge production requirements for ammunition and other military munitions.

(G)

An assessment of the condition, capacity, location, and survivability under likely threats of military infrastructure located both inside the continental United States and outside the continental United States, including agreements with and infrastructure provided by international partners, required to generate, project, and sustain military forces to meet steady-state and contingency requirements.

(H)

An assessment of the cybersecurity risks to military and commercial logistics networks and information technology systems.

(I)

An assessment of the gaps between the requirements identified under subparagraphs (A) through (H) compared to the actual force structure and infrastructure capabilities, capacity, and posture and the risks associated with each gap as it relates to the ability to meet the national defense strategy.

(J)

A discussion of the identified mitigations being pursued to address each gap and risk identified under subparagraph (I) as well as the initiatives and resources planned to address such gaps, as included in the Department of Defense budget request submitted during the same year as the report and the applicable future-years defense program.

(K)

An assessment of the extent to which wargames incorporate logistics capabilities and threats and a description of the logistics constraints and restraints to operations identified through such wargames.

(L)

An assessment of the ability of the Department of Defense, the Armed Forces, and the combatant commands to leverage and integrate emergent logistics related technologies and advanced computing systems.

(M)

Such other matters the Secretary of Defense considers appropriate.

(2)

In preparing the report under paragraph (1), the Secretary of Defense shall consult with, and consider the recommendations of, the Chairman of the Joint Chiefs of Staff.

(3)

The report required under this subsection shall be submitted in classified form and shall include an unclassified summary.

(c)

Comptroller General Review.—

Not later than 180 days after the date on which Secretary submits each report required under subsection (b), the Comptroller General shall submit to the congressional defense committees a report that includes an assessment of each of the following:

(1)

Whether the report includes each of the elements referred to in subsection (b).

(2)

The strengths and weaknesses of the approach and methodology used in conducting the review required under subsection (a) that is covered by the report.

(3)

Any other matters relating to sustainment that may arise from the report, as the Comptroller General considers appropriate.

(d)

Relationship to Budget.—

Nothing in this section shall be construed to affect section 1105(a) of title 31.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title III § 341(a) · 134 Stat. 3388

    Enacted · 10 U.S.C. § 118b

    Added Pub. L. 116–283, div. A, title III, § 341(a), Jan. 1, 2021, 134 Stat. 3535, § 118a

    Source evidence

    Code source credit
    Added Pub. L. 116–283, div. A, title III, § 341(a), Jan. 1, 2021, 134 Stat. 3535, § 118a

    Enacted provision · exact public law section
    (a) In General.— Chapter 2 of title 10, United States Code, is amended by inserting after section 118 the following new section: “§ 118a. National Defense Sustainment and Logistics Review “(a) Review Required.— Upon submission of each national defense strategy under section 113(g) of this title, the Secretary of Defense shall conduct a comprehensive review of the sustainment and logistics requirements necessary to support the force structure, force modernization, infrastructure, force deployment capabilities, and other elements of the defense program and policies of the United States during the subsequent 5-, 10-, and 25-year periods. Each such review shall be known as the ‘National Defense Sustainment and Logistics Review’. Consultation. Each such review shall be conducted in consultation with the Secretaries of the military departments, the Chiefs of Staff of the Armed Forces, all functional and geographic combatant commanders, and the Director of the Defense Logistics Agency. “(b) Report to Congress.— (1) Not later than the first Monday in February of the year following the fiscal year during which the National Defense Strategy was submitted under section 113(g) of this title, the Secretary shall submit to the congressional defense committees a report on the review required by subsection (a). Assessments. Each such report shall include each of the following: “(A) An assessment of the strategic, operational, and tactical maritime logistics force (including non-military assets provided by Military Sealift Command, the Maritime Administration, and through the Voluntary Intermodal Sealift Agreement and Voluntary Tanker Agreement) required to support sealift, at sea logistics, and over-the-shore logistics of forces to meet steady state and contingency requirements and the strategic and intra-theater movement of supplies, personnel, and equipment. “(B) An assessment of the strategic, operational, and tactical airlift and tankers (including non-military assets provided by the Civil Reserve Air Fleet) required to meet steady state and contingency requirements. “(C) An assessment of the location, configuration, material condition, and inventory of prepositioned materiel, equipment, and war reserves programs, as well as the ability to store and distribute these items to deployed military forces, required to meet steady state and contingency requirements. “(D) An assessment of the location, infrastructure, and storage capacity for petroleum, oil, and lubricant products, as well as the ability to store, transport, and distribute such products from storage supply points to deployed military forces, required to meet steady state and contingency requirements. “(E) An assessment of the capabilities, capacity, and infrastructure of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge software and depot maintenance requirements. “(F) An assessment of the production capability, capacity, and infrastructure, of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge production requirements for ammunition and other military munitions. “(G) An assessment of the condition, capacity, location, and survivability under likely threats of military infrastructure located both inside the continental United States and outside the continental United States, including agreements with and infrastructure provided by international partners, required to generate, project, and sustain military forces to meet steady-state and contingency requirements. “(H) An assessment of the cybersecurity risks to military and commercial logistics networks and information technology systems. “(I) An assessment of the gaps between the requirements identified under subparagraphs (A) through (H) compared to the actual force structure and infrastructure capabilities, capacity, and posture and the risks associated with each gap as it relates to the ability to meet the national defense strategy. “(J) A discussion of the identified mitigations being pursued to address each gap and risk identified under subparagraph (I) as well as the initiatives and resources planned to address such gaps, as included in the Department of Defense budget request submitted during the same year as the report and the applicable future-years defense program. “(K) An assessment of the extent to which wargames incorporate logistics capabilities and threats and a description of the logistics constraints and restraints to operations identified through such wargames. “(L) An assessment of the ability of the Department of Defense, the Armed Forces, and the combatant commands to leverage and integrate emergent logistics related technologies and advanced computing systems. “(M) Such other matters the Secretary of Defense considers appropriate. “(2) In preparing the report under paragraph (1), the Secretary of Defense shall consult with, and consider the recommendations of, the Chairman of the Joint Chiefs of Staff. “(3) The report required under this subsection shall be submitted in classified form and shall include an unclassified summary. “(c) Comptroller General Review.— Not later than 180 days after the date on which Secretary submits each report required under subsection (b), the Comptroller General shall submit to the congressional defense committees a report that includes an assessment of each of the following: “(1) Whether the report includes each of the elements referred to in subsection (b). “(2) The strengths and weaknesses of the approach and methodology used in conducting the review required under subsection (a) that is covered by the report. “(3) Any other matters relating to sustainment that may arise from the report, as the Comptroller General considers appropriate. “(d) Relationship to Budget.— Nothing in this section shall be construed to affect section 1105(a) of title 31.” .

  2. National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 div. A title III § 311(b)(1) · 135 Stat. 1541

    Added · 10 U.S.C. § 118b

    Pub. L. 117–81, §§ 311(b)(1)(B), (C), 1081(a)(3), made similar amendments, renumbering section 118a, relating to National Defense Sustainment and Logistics Review, as this section. Section 1081(a)(3), which directed the renumbering of the “second” section 118a, as added by section 341 of Pub. L. 116–283, was read as referring to this section, which had appeared as the first section 118a, to reflect the probable intent of Congress. Amendment by section 1081(a)(3) to be treated as applying before amendment by section 311(b)(1)(B), (C), see section 1081(d) of Pub. L. 117–81, listed in a table of Coordination of Certain Sections of an Act With Other Provisions of That Act under section 101 of this title

    Source evidence

    Code amendment note
    Pub. L. 117–81, §§ 311(b)(1)(B), (C), 1081(a)(3), made similar amendments, renumbering section 118a, relating to National Defense Sustainment and Logistics Review, as this section. Section 1081(a)(3), which directed the renumbering of the “second” section 118a, as added by section 341 of Pub. L. 116–283, was read as referring to this section, which had appeared as the first section 118a, to reflect the probable intent of Congress. Amendment by section 1081(a)(3) to be treated as applying before amendment by section 311(b)(1)(B), (C), see section 1081(d) of Pub. L. 117–81, listed in a table of Coordination of Certain Sections of an Act With Other Provisions of That Act under section 101 of this title.

    Enacted provision · exact public law section
    (1) In general.— The first section 118a of such title is amended— (A) in subsection (a), by striking “capabilities,” and inserting “capabilities, response to risks to military installation resilience,”; (B) by redesignating such section, as amended by subparagraph (A), as section 118b; and (C) by moving such section so as to appear after section 118a.

  3. National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 311(b)(1)(A) · 135 Stat. 1541

    Substituted · 10 U.S.C. § 118b(a)

    Pub. L. 117–81, § 311(b)(1)(A), substituted “capabilities, response to risks to military installation resilience,” for “capabilities,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–81, § 311(b)(1)(A), substituted “capabilities, response to risks to military installation resilience,” for “capabilities,”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “capabilities,” and inserting “capabilities, response to risks to military installation resilience,”;

3 of 3 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 118b, added Pub. L. 110–181, div. A, title IX, § 941(a), , 122 Stat. 286, related to quadrennial roles and missions review, prior to repeal by Pub. L. 113–291, div. A, title X, § 1072(b)(1), , 128 Stat. 3516, effective .

Amendments

2021—Pub. L. 117–81, §§ 311(b)(1)(B), (C), 1081(a)(3), made similar amendments, renumbering section 118a, relating to National Defense Sustainment and Logistics Review, as this section. Section 1081(a)(3), which directed the renumbering of the “second” section 118a, as added by section 341 of Pub. L. 116–283, was read as referring to this section, which had appeared as the first section 118a, to reflect the probable intent of Congress. Amendment by section 1081(a)(3) to be treated as applying before amendment by section 311(b)(1)(B), (C), see section 1081(d) of Pub. L. 117–81, listed in a table of Coordination of Certain Sections of an Act With Other Provisions of That Act under section 101 of this title.

Subsec. (a). Pub. L. 117–81, § 311(b)(1)(A), substituted “capabilities, response to risks to military installation resilience,” for “capabilities,”.

Statutory Notes and Related Subsidiaries

Deadline for Submittal of First Report

Pub. L. 116–283, div. A, title III, § 341(c), , 134 Stat. 3537, as amended by Pub. L. 117–81, div. A, title III, § 311(b)(2)(B), , 135 Stat. 1625, provided that: “Notwithstanding the deadline in subsection (b)(1) of section 118b of title 10, United States Code, as added by subsection (a), the Secretary of Defense shall submit the first report under such section not later than the date that is 18 months after the date of the enactment of this Act [], unless a new National Defense Strategy is released prior to such date.”

[Pub. L. 117–81, div. A, title III, § 311(b)(2)(B), which directed amendment of section “314(c)” of Pub. L. 116–283 by substituting “section 118b” for “section 118a”, was executed by making the amendment to section 341(c) of Pub. L. 116–283, set out above, to reflect the probable intent of Congress.]

Credits

2021 · 2 acts
  1. 2021Added Pub. L. 116–283, div. A, title III, § 341(a), , 134 Stat. 3535, § 118a
  2. 2021renumbered § 118b and amended Pub. L. 117–81, div. A, title III, § 311(b)(1), title X, § 1081(a)(3), , 135 Stat. 1625, 1919.
Show as published

(Added Pub. L. 116–283, div. A, title III, § 341(a), , 134 Stat. 3535, § 118a; renumbered § 118b and amended Pub. L. 117–81, div. A, title III, § 311(b)(1), title X, § 1081(a)(3), , 135 Stat. 1625, 1919.)

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