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NOTES:


Source

(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.)

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (g)(1), (2), is the date of enactment of Pub. L. 110–181, which was approved Jan. 28, 2008.

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

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).

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.

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 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.


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