10 U.S.C. § 153 (ARMED FORCES)
§ 153. Chairman: functions
(a) Planning; Advice; Policy Formulation.—
Subject to the authority, direction, and control of the President and the Secretary of Defense, the Chairman of the Joint Chiefs of Staff shall be responsible for the following:
(1) Strategic Direction.—
Assisting the President and the Secretary of Defense in providing for the strategic direction of the armed forces.
(2) Strategic Planning.—
(A) Preparing strategic plans, including plans which conform with resource levels projected by the Secretary of Defense to be available for the period of time for which the plans are to be effective.
(B) Preparing joint logistic and mobility plans to support those strategic plans and recommending the assignment of logistic and mobility responsibilities to the armed forces in accordance with those logistic and mobility plans.
(C) Performing net assessments to determine the capabilities of the armed forces of the United States and its allies as compared with those of their potential adversaries.
(3) Contingency Planning; Preparedness.—
(A) Providing for the preparation and review of contingency plans which conform to policy guidance from the President and the Secretary of Defense.
(B) Preparing joint logistic and mobility plans to support those contingency plans and recommending the assignment of logistic and mobility responsibilities to the armed forces in accordance with those logistic and mobility plans.
(C) Identifying the support functions that are likely to require contractor performance under those contingency plans, and the risks associated with the assignment of such functions to contractors.
(D) Advising the Secretary on critical deficiencies and strengths in force capabilities (including manpower, logistic, and mobility support) identified during the preparation and review of contingency plans and assessing the effect of such deficiencies and strengths on meeting national security objectives and policy and on strategic plans.
(E) Establishing and maintaining, after consultation with the commanders of the unified and specified combatant commands, a uniform system of evaluating the preparedness of each such command to carry out missions assigned to the command.
(F) In coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Secretaries of the military departments, the heads of the Defense Agencies, and the commanders of the combatant commands, determining the operational contract support requirements of the armed forces and recommending the resources required to improve and enhance operational contract support for the armed forces and planning for such operational contract support.
(4) Advice on Requirements, Programs, and Budget.—
(A) Advising the Secretary, under section 163(b)(2) of this title, on the priorities of the requirements identified by the commanders of the unified and specified combatant commands.
(B) Advising the Secretary on the extent to which the program recommendations and budget proposals of the military departments and other components of the Department of Defense for a fiscal year conform with the priorities established in strategic plans and with the priorities established for the requirements of the unified and specified combatant commands.
(C) Submitting to the Secretary alternative program recommendations and budget proposals, within projected resource levels and guidance provided by the Secretary, in order to achieve greater conformance with the priorities referred to in clause (B).
(D) Recommending to the Secretary, in accordance with section 166 of this title, a budget proposal for activities of each unified and specified combatant command.
(E) Advising the Secretary on the extent to which the major programs and policies of the armed forces in the area of manpower and contractor support conform with strategic plans.
(F) Identifying, assessing, and approving military requirements (including existing systems and equipment) to meet the National Military Strategy.
(G) Recommending to the Secretary appropriate trade-offs among life-cycle cost, schedule, and performance objectives, and procurement quantity objectives, to ensure that such trade-offs are made in the acquisition of materiel and equipment to support the strategic and contingency plans required by this subsection in the most effective and efficient manner.
(5) Doctrine, Training, and Education.—
(A) Developing doctrine for the joint employment of the armed forces.
(B) Formulating policies for the joint training of the armed forces.
(C) Formulating policies for coordinating the military education and training of members of the armed forces.
(6) Other Matters.—
(A) Providing for representation of the United States on the Military Staff Committee of the United Nations in accordance with the Charter of the United Nations.
(B) Performing such other duties as may be prescribed by law or by the President or the Secretary of Defense.
(b) National Military Strategy.—
(1) National military strategy.—
(A) The Chairman shall determine each even-numbered year whether to prepare a new National Military Strategy in accordance with this subparagraph or to update a strategy previously prepared in accordance with this subsection. The Chairman shall complete preparation of the National Military Strategy or update in time for transmittal to Congress pursuant to paragraph (3), including in time for inclusion of the report of the Secretary of Defense, if any, under paragraph (4).
(B) Each National Military Strategy (or update) under this paragraph shall be based on a comprehensive review conducted by the Chairman in conjunction with the other members of the Joint Chiefs of Staff and the commanders of the unified and specified combatant commands.
(C) Each National Military Strategy (or update) submitted under this paragraph shall describe how the military will achieve the objectives of the United States as articulated in—
(i) 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. 404a); 1
(ii) the most recent annual report of the Secretary of Defense submitted to the President and Congress pursuant to section 113 of this title;
(iii) the most recent Quadrennial Defense Review conducted by the Secretary of Defense pursuant to section 118 of this title; and
(iv) any other national security or defense strategic guidance issued by the President or the Secretary of Defense.
(D) Each National Military Strategy (or update) submitted under this paragraph shall identify—
(i) the United States military objectives and the relationship of those objectives to the strategic environment and to the threats required to be described under subparagraph (E);
(ii) the operational concepts, missions, tasks, or activities necessary to support the achievement of the objectives identified under clause (i);
(iii) the fiscal, budgetary, and resource environments and conditions that, in the assessment of the Chairman, affect the strategy; and
(iv) the assumptions made with respect to each of clauses (i) through (iii).
(E) Each National Military Strategy (or update) submitted under this paragraph shall also include a description of—
(i) the strategic environment and the opportunities and challenges that affect United States national interests and United States national security;
(ii) the threats, such as international, regional, transnational, hybrid, terrorism, cyber attack, weapons of mass destruction, asymmetric challenges, and any other categories of threats identified by the Chairman, to the United States national security;
(iii) the implications of current force planning and sizing constructs for the strategy;
(iv) the capacity, capabilities, and availability of United States forces (including both the active and reserve components) to support the execution of missions required by the strategy;
(v) areas in which the armed forces intends to engage and synchronize with other departments and agencies of the United States Government contributing to the execution of missions required by the strategy;
(vi) areas in which the armed forces could be augmented by contributions from alliances (such as the North Atlantic Treaty Organization), international allies, or other friendly nations in the execution of missions required by the strategy;
(vii) the requirements for operational contractor support to the armed forces for conducting security force assistance training, peacekeeping, overseas contingency operations, and other major combat operations under the strategy; and
(viii) the assumptions made with respect to each of clauses (i) through (vii).
(F) Each update to a National Military Strategy under this paragraph shall address only those parts of the most recent National Military Strategy for which the Chairman determines, on the basis of a comprehensive review conducted in conjunction with the other members of the Joint Chiefs of Staff and the commanders of the combatant commands, that a modification is needed.
(2) Risk assessment.—
(A) The Chairman shall prepare each year an assessment of the risks associated with the most current National Military Strategy (or update) under paragraph (1). The risk assessment shall be known as the “Risk Assessment of the Chairman of the Joint Chiefs of Staff”. The Chairman shall complete preparation of the Risk Assessment in time for transmittal to Congress pursuant to paragraph (3), including in time for inclusion of the report of the Secretary of Defense, if any, under paragraph (4).
(B) The Risk Assessment shall do the following:
(i) As the Chairman considers appropriate, update any changes to the strategic environment, threats, objectives, force planning and sizing constructs, assessments, and assumptions that informed the National Military Strategy required by this section.
(ii) Identify and define the strategic risks to United States interests and the military risks in executing the missions of the National Military Strategy.
(iii) Identify and define levels of risk distinguishing between the concepts of probability and consequences, including an identification of what constitutes “significant” risk in the judgment of the Chairman.
(iv)
(I) Identify and assess risk in the National Military Strategy by category and level and the ways in which risk might manifest itself, including how risk is projected to increase, decrease, or remain stable over time; and
(II) for each category of risk, assess the extent to which current or future risk increases, decreases, or is stable as a result of budgetary priorities, tradeoffs, or fiscal constraints or limitations as currently estimated and applied in the most current future-years defense program under section 221 of this title.
(v) Identify and assess risk associated with the assumptions or plans of the National Military Strategy about the contributions or support of—
(I) other departments and agencies of the United States Government (including their capabilities and availability);
(II) alliances, allies, and other friendly nations (including their capabilities, availability, and interoperability); and
(III) contractors.
(vi) Identify and assess the critical deficiencies and strengths in force capabilities (including manpower, logistics, intelligence, and mobility support) identified during the preparation and review of the contingency plans of each unified combatant command, and identify and assess the effect of such deficiencies and strengths for the National Military Strategy.
(3) Submittal of national military strategy and risk assessment to congress.—
(A) Not later than February 15 of each even-numbered year, the Chairman shall, through the Secretary of Defense, submit to the Committees on Armed Services of the Senate and the House of Representatives the National Military Strategy or update, if any, prepared under paragraph (1) in such year.
(B) Not later than February 15 each year, the Chairman shall, through the Secretary of Defense, submit to the Committees on Armed Services of the Senate and the House of Representatives the Risk Assessment prepared under paragraph (2) in such year.
(4) Secretary of defense reports to congress.—
(A) In transmitting a National Military Strategy (or update) or Risk Assessment to Congress pursuant to paragraph (3), the Secretary of Defense shall include in the transmittal such comments of the Secretary thereon, if any, as the Secretary considers appropriate.
(B) If the Risk Assessment transmitted under paragraph (3) in a year includes an assessment that a risk or risks associated with the National Military Strategy (or update) are significant, or that critical deficiencies in force capabilities exist for a contingency plan described in paragraph (2)(B)(vi), the Secretary shall include in the transmittal of the Risk Assessment the plan of the Secretary for mitigating such risk or deficiency. A plan for mitigating risk of deficiency under this subparagraph shall—
(i) address the risk assumed in the National Military Strategy (or update) concerned, and the additional actions taken or planned to be taken to address such risk using only current technology and force structure capabilities; and
(ii) specify, for each risk addressed, the extent of, and a schedule for expected mitigation of, such risk, and an assessment of the potential for residual risk, if any, after mitigation.
(c) Annual Report on Combatant Command Requirements.—
(1) At or about the time that the budget is submitted to Congress for a fiscal year under section 1105(a) of title 31, the Chairman shall submit to the congressional defense committees a report on the requirements of the combatant commands established under section 161 of this title.
(2) Each report under paragraph (1) shall contain the following:
(A) A consolidation of the integrated priority lists of requirements of the combatant commands.
(B) The Chairman’s views on the consolidated lists.
(C) A description of the extent to which the most recent future-years defense program (under section 221 of this title) addresses the requirements on the consolidated lists.
(D) A description of the funding proposed in the President’s budget for the next fiscal year, and for the subsequent fiscal years covered by the most recent future-years defense program, to address each deficiency in readiness identified during the joint readiness review conducted under section 117 of this title for the first quarter of the current fiscal year.
(Added Pub. L. 99–433, title II, § 201, Oct. 1, 1986, 100 Stat. 1007; amended Pub. L. 106–65, div. A, title X, § 1033, Oct. 5, 1999, 113 Stat. 751; Pub. L. 106–398, § 1 [[div. A], title IX, § 905], Oct. 30, 2000, 114 Stat. 1654, 1654A–226; Pub. L. 107–107, div. A, title IX, § 921(b), Dec. 28, 2001, 115 Stat. 1198; Pub. L. 107–314, div. A, title X, § 1062(a)(1), Dec. 2, 2002, 116 Stat. 2649; Pub. L. 108–136, div. A, title IX, § 903, title X, § 1043(b)(2), Nov. 24, 2003, 117 Stat. 1558, 1610; Pub. L. 112–81, div. A, title VIII, § 820(b), title IX, § 941, Dec. 31, 2011, 125 Stat. 1501, 1548; Pub. L. 112–239, div. A, title VIII, § 845(b), title IX, §§ 951(a), 952, Jan. 2, 2013, 126 Stat. 1848, 1891, 1892.)
heading: References in Text
text: The National Security Act of 1947, referred to in subsec. (b)(1)(C)(i), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Section 108 of the Act is now classified to section 3043 of Title 50. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 2013—Subsec. (a)(3)(F). Pub. L. 112–239, § 845(b), added subpar. (F).
Subsec. (a)(4)(F), (G). Pub. L. 112–239, § 951(a), added subpars. (F) and (G) and struck out former subpar. (F) which read as follows: “Assessing military requirements for defense acquisition programs.”
Subsec. (b). Pub. L. 112–239, § 952(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to risks under National Military Strategy.
Subsec. (d). Pub. L. 112–239, § 952(b), struck out subsec. (d) which related to biennial review of National Military Strategy.
2011—Subsec. (a)(3)(C) to (E). Pub. L. 112–81, § 820(b)(1), added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.
Subsec. (a)(4)(E). Pub. L. 112–81, § 820(b)(2), inserted “and contractor support” after “area of manpower”.
Subsec. (b)(1). Pub. L. 112–81, § 941(1), substituted “assessment of—” for “assessment of the nature and magnitude of the strategic and military risks associated with executing the missions called for under the current National Military Strategy.” and added subpars. (A) and (B).
Subsec. (b)(2). Pub. L. 112–81, § 941(2), inserted “or that critical deficiencies in force capabilities exist for a contingency plan,” after “National Military Strategy is significant,” and “or deficiency” before period at end.
Subsec. (d)(2)(I). Pub. L. 112–81, § 820(b)(3)(A), added subpar. (I).
Subsec. (d)(3)(B). Pub. L. 112–81, § 820(b)(3)(B), substituted “the levels of support from allies and other friendly nations, and the levels of contractor support” for “and the levels of support from allies and other friendly nations”.
2003—Subsec. (b)(1). Pub. L. 108–136, § 903(b), substituted “of each odd-numbered year” for “each year”.
Subsec. (c). Pub. L. 108–136, § 1043(b)(2), in par. (1), substituted “congressional defense committees” for “committees of Congress named in paragraph (2)”, designated the second sentence of par. (1) as par. (2), in par. (2), substituted “Each report under paragraph (1)” for “The report”, and struck out former par. (2) which read as follows: “The committees of Congress referred to in paragraph (1) are the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives.”
Subsec. (d). Pub. L. 108–136, § 903(a), added subsec. (d).
2002—Pub. L. 107–314 inserted subsec. (a) heading and redesignated subsecs. (c) and (d) as (b) and (c), respectively.
2001—Subsec. (a). Pub. L. 107–107, § 921(b)(1), struck out “(a) Planning; Advice; Policy Formulation.—” before “Subject to the authority”.
Subsec. (b). Pub. L. 107–107, § 921(b)(2), struck out heading and text of subsec. (b) which read as follows:
“(b) Report on Assignment of Roles and Missions.—(1) Not less than once every three years, or upon the request of the President or the Secretary of Defense, the Chairman shall submit to the Secretary of Defense a report containing such recommendations for changes in the assignment of functions (or roles and missions) to the armed forces as the Chairman considers necessary to achieve maximum effectiveness of the armed forces. In preparing each such report, the Chairman shall consider (among other matters) the following:
“(A) Changes in the nature of the threats faced by the United States.
“(B) Unnecessary duplication of effort among the armed forces.
“(C) Changes in technology that can be applied effectively to warfare.
“(2) The Chairman shall include in each such report recommendations for such changes in policies, directives, regulations, and legislation as may be necessary to achieve the changes in the assignment of functions recommended by the Chairman.”
2000—Subsec. (d)(1). Pub. L. 106–398, § 1 [[div. A], title IX, § 905(b)], substituted “At or about the time that the budget is submitted to Congress for a fiscal year under section 1105(a) of title 31,” for “Not later than August 15 of each year,” in introductory provisions.
Subsec. (d)(1)(C), (D). Pub. L. 106–398, § 1 [[div. A], title IX, § 905(a)], added subpars. (C) and (D).
1999—Subsecs. (c), (d). Pub. L. 106–65 added subsecs. (c) and (d).
heading: Common Measurement of Operations Tempo and Personnel Tempo
text: Pub. L. 105–85, div. A, title III, § 326, Nov. 18, 1997, 111 Stat. 1679, provided that:
“(a) Means for Measurement.—
The Chairman of the Joint Chiefs of Staff shall, to the maximum extent practicable, develop (1) a common means of measuring the operations tempo (OPTEMPO) of each of the Armed Forces, and (2) a common means of measuring the personnel tempo (PERSTEMPO) of each of the Armed Forces. The Chairman shall consult with the other members of the Joint Chiefs of Staff in developing those common means of measurement.
“(b) PERSTEMPO Measurement.—
The measurement of personnel tempo developed by the Chairman shall include a means of identifying the rate of deployment for individual members of the Armed Forces in addition to the rate of deployment for units.”
heading: Annual Assessment of Force Readiness
text: Pub. L. 103–160, div. A, title III, § 376, Nov. 30, 1993, 107 Stat. 1637, provided for an annual assessment of readiness and capability of the Armed Forces by the Chairman of the Joint Chiefs of Staff to be submitted to Congress not later than March 1 of each of 1994, 1995, and 1996 and for interim assessments between annual submissions in the event of a significant change in readiness or capability of the Armed Forces.
heading: Report of Chairman of Joint Chiefs of Staff on Roles and Missions of Armed Forces
text: Pub. L. 102–484, div. A, title IX, § 901, Oct. 23, 1992, 106 Stat. 2469, provided for the Secretary of Defense to transmit to Congress a copy of the first report relating to the roles and missions of the Armed Forces that was submitted by the Chairman of the Joint Chiefs of Staff under subsec. (b) of this section after Jan. 1, 1992, and directed the Chairman to include in the report comments and recommendations.
heading: Transition Provisions
text: Pub. L. 99–433, title II, § 204(a), (b), Oct. 1, 1986, 100 Stat. 1011, provided dates for establishment of the uniform system of evaluating the preparedness of each unified and specified combatant command and for submission of the first report.