10 U.S.C. § 118b — National Defense Sustainment and Logis-

Page 130 TITLE 10—ARMED FORCES § 118b bering of another section 118a of this title, relating to National Defense Sustainment and Logistics Review, as section 118b by Pub. L. 117–81, § 311(b)(1)(B), (C). See 2021 Amendment note set out under section 118b of this title. Subsec. (c)(15). Pub. L. 117–81, § 1061(b), which directed the addition of par. (15) to subsec. (c) of section 118b of this title, as redesignated by Pub. L. 117–81, § 1061(a)(1), was executed by adding par. (15) to subsec. (c) of this section to reflect the probable intent of Congress. See above. 2014—Subsec. (b)(1). Pub. L. 113–291 substituted ‘‘(50 U.S.C. 3043)’’ for ‘‘(50 U.S.C. 404a)’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (d) of this section requiring submittal of re- port to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. FIRST QUADRENNIAL QUALITY OF LIFE REVIEW Pub. L. 107–314, div. A, title V, § 581(b), Dec. 2, 2002, 116 Stat. 2561, directed that the first quadrennial quality of life review under this section would be conducted dur- ing 2003, and that the report on such review was to be submitted not later than the date on which the Presi- dent submitted the budget for fiscal year 2005 to Con- gress. § 118b. National Defense Sustainment and Logis- tics 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 nec- essary to support the force structure, force mod- ernization, infrastructure, force deployment ca- pabilities, response to risks to military installa- tion resilience, and other elements of the de- fense program and policies of the United States during the subsequent 5-, 10-, and 25-year peri- ods. Each such review shall be known as the ‘Na- tional Defense Sustainment and Logistics Re- view’. Each such review shall be conducted in consultation with the Secretaries of the mili- tary 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 fol- lowing 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, oper- ational, and tactical maritime logistics force (including non-military assets provided by Military Sealift Command, the Maritime Ad- ministration, and through the Voluntary Intermodal Sealift Agreement and Voluntary Tanker Agreement) required to support sea- lift, at sea logistics, and over-the-shore logis- tics of forces to meet steady state and contin- gency requirements and the strategic and intra-theater movement of supplies, personnel, and equipment. (B) An assessment of the strategic, oper- ational, and tactical airlift and tankers (in- cluding non-military assets provided by the Civil Reserve Air Fleet) required to meet steady state and contingency requirements. (C) An assessment of the location, configura- tion, 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, infra- structure, and storage capacity for petroleum, oil, and lubricant products, as well as the abil- ity to store, transport, and distribute such products from storage supply points to de- ployed military forces, required to meet steady state and contingency requirements. (E) An assessment of the capabilities, capac- ity, 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 mainte- nance requirements. (F) An assessment of the production capa- bility, capacity, and infrastructure, of the De- partment of Defense organic industrial base and private sector industrial base required to meet steady-state and surge production re- quirements for ammunition and other mili- tary munitions. (G) An assessment of the condition, capac- ity, location, and survivability under likely threats of military infrastructure located both inside the continental United States and out- side the continental United States, including agreements with and infrastructure provided by international partners, required to gen- erate, project, and sustain military forces to meet steady-state and contingency require- ments. (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 re- quirements identified under subparagraphs (A) through (H) compared to the actual force structure and infrastructure capabilities, ca- pacity, 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 ad- dress 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 iden- tified through such wargames. (L) An assessment of the ability of the De- partment of Defense, the Armed Forces, and the combatant commands to leverage and in- tegrate emergent logistics related tech- nologies and advanced computing systems. (M) Such other matters the Secretary of De- fense considers appropriate. (2) In preparing the report under paragraph (1), the Secretary of Defense shall consult with, and Page 131 TITLE 10—ARMED FORCES § 118c 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 ap- proach 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 appro- priate. (d) RELATIONSHIP TO BUDGET.—Nothing in this section shall be construed to affect section 1105(a) of title 31. (Added Pub. L. 116–283, div. A, title III, § 341(a), Jan. 1, 2021, 134 Stat. 3535, § 118a; renumbered § 118b and amended Pub. L. 117–81, div. A, title III, § 311(b)(1), title X, § 1081(a)(3), Dec. 27, 2021, 135 Stat. 1625, 1919.) Editorial Notes PRIOR PROVISIONS A prior section 118b, added Pub. L. 110–181, div. A, title IX, § 941(a), Jan. 28, 2008, 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), Dec. 19, 2014, 128 Stat. 3516, effective Oct. 1, 2015. 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 Logis- tics 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 Con- gress. 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), Jan. 1, 2021, 134 Stat. 3537, as amended by Pub. L. 117–81, div. A, title III, § 311(b)(2)(B), Dec. 27, 2021, 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 en- actment of this Act [Jan. 1, 2021], 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 sec- tion 341(c) of Pub. L. 116–283, set out above, to reflect the probable intent of Congress.] § 118c. National Defense Science and Technology Strategy (a) IN GENERAL.—The Secretary of Defense shall develop a strategy— (1) to articulate the science and technology priorities, goals, and investments of the De- partment of Defense; (2) to make recommendations on the future of the defense research and engineering enter- prise and its continued success in an era of strategic competition; and (3) to establish an integrated approach to the identification, prioritization, develop- ment, and fielding of emerging capabilities and technologies. (b) ELEMENTS.—The strategy required under subsection (a) shall— (1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, in- cluding the defense budget priorities of the Of- fice of Science and Technology Policy of the President; (2) link the priorities, goals, and invest- ments in subsection (a)(1) with needed critical enablers to specific programs, or broader port- folios, including— (A) personnel and workforce capabilities; (B) facilities for research and test infra- structure; (C) relationships with academia, the acqui- sition community, the operational commu- nity, the defense industry, and the commer- cial sector; and (D) funding, investments, personnel, facili- ties, and relationships with other depart- ments and agencies of the Federal Govern- ment outside the Department of Defense without which defense capabilities would be severely degraded; (3) support the coordination of acquisition priorities, programs, and timelines of the De- partment with the activities of the defense re- search and engineering enterprise; (4) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; (5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title; (6) identify processes to inform senior lead- ers and policy makers on the potential im- pacts of emerging technologies for the purpose of shaping the development of policies and reg- ulations; (7) support the efficient integration of capa- bilities and technologies to close near-term, mid-term, and long-term capability gaps; (8) support the development of appropriate investments in research and technology devel- opment within the Department, and appro- priate partnerships with the defense industry and commercial industry; and