2022 National Defense Strategy

"President Biden has stated that we are living in a "decisive decade," one stamped by dramatic changes in geopolitics, technology, economics and our environment. The defense strategy that the United States   pursues will set the Department 's course for decades to some. The Department of Defense owes it to our All-Volunteer Force and the American people to provide a clear picture of the challenges we expect to face in the crucial years ahead--and we owe them a clear and rigorous strategy for advancing  our defense and security goals.

The 2022 National Defense Strategy (NDS) details the Department's path forward into that decisive decade-- from helping to protect the American people, to promoting global security, to setting new strategic opportunities , and to realizing and defending our democratic values. For the first time, the Department conducted its strategic reviews--the NDS, the Nuclear Posture Review (NPR) and Missile Defense Review (MDR) --in an integrated way, ensuring tight llinkages between our strategy and our resources. The NDS directs the Department to act urgently to sustain and strengthen U.S. deterrence, with the People's Republic of China(PRC) as the pacing challenge for the Department. The NDS further explains how we will collaborate with our NATO Allies and partners to reinforce robust deterrence in the face of Russian aggression while mitigating and protecting  against threats from North Korea, Iran, violent extremist organizations, and transboundary challenges such as climate change.."
National Defense Stragety

Can the Department of Defense Build the Border Wall?

"According to multiple reports, President Trump may be contemplating declaring a national emergency in order to fund the construction of a physical barrier along the southern border with Mexico. The funding for such construction has been the focal point of the partial government shutdown that began on December 22, as Congress has thus far refused the President’s demand for $5.7 billion in funding for the construction of physical barriers by the Department of Homeland Security (DHS) (the lead agency responsible for deterring illegal border crossings). A number of media outlets have reported that the President is considering whether to resolve this impasse by directing the Department of Defense (DOD) to construct border fencing with its existing appropriations. Certain federal statutes potentially provide the DOD with limited authority to construct physical barriers along the border. However, the President may seek to avail himself of broader authorities by declaring a “national emergency” under the National Emergencies Act (NEA). Such a declaration could enable the President to invoke certain emergency military construction authorities established by the Military Construction Codification Act (MCCA). Whether these authorities—individually or in combination—extend to the construction of a border wall would present a reviewing court with several questions of first impression.

This Sidebar provides an overview of the NEA; the military construction authorities available in the event of a declared emergency that the Administration may rely upon to deploy border fencing; and other  statutory authorities that may provide the DOD with the authority to engage in certain construction operations..."
Border wall

DOD Security Cooperation: An Overview of Authorities and Issues

"Over the past decade, the increasing scope, pace, and cost of Department of Defense (DOD) security cooperation missions have raised many questions about appropriate DOD and State Department roles and responsibilities in and the utility of such efforts. For some policymakers, DOD’s new and expanded missions enable the United States to meet the challenges of the complex global security environment more effectively. As such, congressional approval of new DOD security cooperation statutes represents a necessary response to perceived shortcomings of the overarching legal regime through which, for more than 50 years, Congress has largely authorized and funded the State Department to lead and DOD to administer security assistance to foreign countries. Other policymakers, however, question whether DOD’s growing emphasis on and authority to conduct security cooperation missions undermines the State Department’s lead role in assisting foreign security forces and “militarizes” U.S. foreign policy..."
DOD and security

U.S. Department of Defense. Law of War Manual

"The law of war is part of who we are. George Washington, as Commander in Chief of the Continental Army, agreed with his British adversary that the Revolutionary War would be “carried on agreeable to the rules which humanity formed” and “to prevent or punish every breach of the rules of war within the sphere of our respective commands.” During the Civil War, President Lincoln approved a set of “Instructions for the Government of the Armies of the United States in the Field,” which inspired other countries to adopt similar codes for their armed forces, and which served as a template for international codifications of the law of war.

After World War II, U.S. military lawyers, trying thousands of defendants before military commissions did, in the words of Justice Robert Jackson, “stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of law” in “one of the most significant tributes that Power has ever paid to Reason.” Reflecting on this distinctive history, one Chairman of the Joint Chiefs of Staff observed that “[t]he laws of war have a peculiarly American cast.” And it is also true that the laws of war have shaped the U.S. Armed Forces as much as they have shaped any other armed force in the world..."
Department of Defense Law of War

Criminal Prohibitions on the Publication of Classified Defense Information
"The recent online publication of classified defense documents and diplomatic cables by the
organization WikiLeaks and subsequent reporting by the New York Times and other news media
have focused attention on whether such publication violates U.S. criminal law. The Attorney
General has reportedly stated that the Justice Department and Department of Defense are
investigating the circumstances to determine whether any prosecutions will be undertaken in
connection with the disclosure.

This report identifies some criminal statutes that may apply, but notes that these have been used
almost exclusively to prosecute individuals with access to classified information (and a
corresponding obligation to protect it) who make it available to foreign agents, or to foreign
agents who obtain classified information unlawfully while present in the United States. Leaks of
classified information to the press have only rarely been punished as crimes, and we are aware of
no case in which a publisher of information obtained through unauthorized disclosure by a
government employee has been prosecuted for publishing it. There may be First Amendment
implications that would make such a prosecution difficult, not to mention political ramifications
based on concerns about government censorship. To the extent that the investigation implicates
any foreign nationals whose conduct occurred entirely overseas, any resulting prosecution may
carry foreign policy implications related to the exercise of extraterritorial jurisdiction and whether suspected persons may be extradited to the United States under applicable treaty provisions..."

Report of the Comprehensive Review of the Issues Associated with a Repeal of “Don’t Ask, Don’t Tell”
"On March 2, 2010, the Secretary of Defense appointed the two of us to co-chair a
working group to undertake a comprehensive review of the impacts of repeal, should it
occur, of Section 654 of Title 10 of the United States Code, commonly known as the “Don’t
Ask, Don’t Tell” law. In this effort, we were aided by a highly dedicated team of 49 military
and 19 civilian personnel from across the Department of Defense and the Military Services.
Our assignment from the Secretary was two-fold: 1) assess the impact of repeal of Don’t Ask,
Don’t Tell on military readiness, military effectiveness, unit cohesion, recruiting, retention,
and family readiness; and 2) recommend appropriate changes, if necessary, to existing
regulations, policies, and guidance in the event of repeal. The Secretary directed us to
deliver our assessment and recommendations to him by December 1, 2010.

This document constitutes our report of that assessment and our recommendations. The Secretary also directed us to develop a plan of action to support implementation of a repeal of Don’t Ask,
Don’t Tell. That plan accompanies this report..."

2011 Army Weapon Systems
"The Army Acquisition, Logistics and Technology community is charged to perform a vital mission to
provide our Soldiers a decisive advantage in any mission by developing, acquiring, fielding, and
sustaining the world’s best equipment and services and leveraging technologies and capabilities to
meet current and future Army needs. Soldiers are the decisive edge. We provide them with leading-edge technologies and advanced capabilities to dominate in our current operations across the battlespace while simultaneously preparing to respond decisively to future threats.

This annual publication describes how we are accomplishing our mission and highlights our major
acquisition programs. You will learn what each program is designed to achieve for our Soldiers and the program’s status. Furthermore, you will learn about the contractors involved, teaming arrangements, and critical interdependencies with other programs and fielded systems. In addition, this handbook augments several key publications that characterize the strategic context for our work, including the 2010 Army Posture Statement, the 2010 Army Modernization Strategy, and our Science and Technology Master Plan..."

Military Must Reduce Its Use of Fossil Fuels
"The Defense Department’s current reliance on expensive, difficult–to-transport and finite fossil fuels affects cost-reduction efforts as well as war-fighting operations, a senior Pentagon official said.

“Certainly, for current operations and for the future, one of the things we're really focused on is reducing demand, [which is] reducing our consumption, because no matter what kind of energy we're using, the amount of energy we're using causes us problems in practice -- particularly in the kinds of fights we're fighting today where so much of our logistics train is in the battlefield,” Sharon Burke, director of the department’s operational energy plans and programs, said in a recent “DoDLive” Bloggers roundtable.

Operational energy is the energy used to move, train and sustain weapons, forces and equipment for military operations, said Burke, who discussed the Pentagon’s plans to reduce and reform operational energy consumption.

In her recently created position, Burke’s job, she said, is to look into current operational energy usage and find ways to lower total fossil fuel consumption, and to work toward incorporating alternative and renewable energy sources into the fighting force..."

DOD Releases Annual Sexual Assault Response and Prevention Report
"The Department of Defense today released the fiscal 2009 Annual Report on Sexual Assault in the Military.

In fiscal 2009, a total of 3,230 restricted and unrestricted reports of sexual assault were filed, involving military members as either victims or subjects, which is an 11 percent increase from fiscal 2008. There were 714 restricted reports filed in fiscal 2009. Under the restricted (confidential) reporting option, service members may choose to obtain medical, mental health care and other services without becoming involved in the military criminal justice process. This year, 123 victims converted their reports from restricted to unrestricted, which is included in the overall total of 2,516 unrestricted reports.

“One sexual assault is too many. As such, the best way to combat sexual assault is to prevent it,” said Clifford L. Stanley, undersecretary of defense for personnel and readiness.

To advance the prevention of sexual assault, the department provided its DoD Sexual Assault Prevention Strategy to the senior leaders of each military service and the National Guard Bureau in fiscal 2009. Each military service held leadership summits in fiscal 2009, keynoted by their service secretary, chief of staff and commandant of the Marine Corps, to emphasize the importance of command’s role in prevention. The department also deployed a multimedia prevention campaign, “My Strength is for Defending: Preventing Sexual Assault is Part of My Duty,” across the military services.

View the full report full report

Iraqi Civilian, Police, and Security Forces Casualty Statistics
"This report presents various governmental and nongovernmental estimates of Iraqi civilian,
police, and security forces fatalities. The Iraq government is releasing increasingly regular data on these deaths. The U.S. Department of Defense (DOD) releases the monthly pattern of Iraqi
civilian, police, and security forces deaths, and it regularly updates total U.S. military deaths and wounded statistics from Operation Iraqi Freedom (OIF), as reflected in CRS Report RS21578,
Iraq: U.S. Casualties, by Susan G. Chesser. Because the estimates contained in this report are
based on varying time periods and have been created using differing methodologies, readers
should exercise caution when using them and should look to them as guideposts rather than as
statements of fact."

U.S. Military Stop Loss Program: Key Questions and Answers
"Stop Loss is a frequently misunderstood DOD force management program that retains
servicemembers beyond their contractually agreed-to separation date. Because of the involuntary
nature of this extension, some critics have referred to the program as a “backdoor draft” or
“involuntary servitude”.

Stop Loss was initially used in the 1990-91 Gulf War and later in Bosnia and the Kosovo Air
Campaign. All of the Services used Stop Loss at the beginning of Operation Enduring Freedom
(OEF) and Operation Iraqi Freedom (OIF) but only the Army has consistently employed some
form of Stop Loss over the past five years. Today, there are over 12,000 soldiers in the active
Army, Army Reserve and Army National Guard who remain on active duty beyond their
scheduled separation date as a result of Stop Loss. While many observers tend to empathize with
those in Stop Loss status, others assert that every servicemember who has enlisted or reenlisted
over the past several years has been made aware of the program..."

The Role of the Department of Defense During A Flu Pandemic
"A flu pandemic is a worldwide epidemic of an influenza virus. As such, the United States’ response to a flu pandemic would have both international and domestic components. Additionally, the domestic response effort would include contributions from every governmental level (local, state, tribal, and federal), non-governmental organizations, and the private sector. This report will focus largely on the role of the Department of Defense (DOD) in supporting the nation’s domestic response effort, although it will also touch on DOD’s international role.

The Department of State would lead the federal government’s international response efforts, while the Department of Homeland Security and the Department of Health and Human Services would lead the federal government’s domestic response. The Department of Defense would likely be called upon to support both the international and domestic efforts. An analysis of the tasks assigned by the National Strategy for Pandemic Influenza Implementation Plan indicates that DOD’s role during a flu pandemic would center on the following objectives: assisting in disease
surveillance; assisting partner nations, particularly through military-to-military assistance; protecting and treating US forces and dependents; and providing support to civil authorities in the United States.."

Measuring Stability and Security in Iraq, March 2009
"This report to Congress, Measuring Stability and Security in Iraq, is submitted pursuant to Section 9204 of the Supplemental Appropriations Act for 2008, Public Law 110-252.1 This report is also submitted pursuant to Section 1508(c) of the Department of Defense Authorization Act for 2009, Public Law 110-417. The report includes specific performance indicators and measures of progress toward political, economic, and security stability in Iraq, as directed by legislation. This is the
fifteenth report in this series of quarterly reports. The most recent report was submitted in January 2009. The report complements other reports and information about Iraq provided to Congress and is not intended as a single source of all information about the combined efforts or the future strategy of the United States, its Coalition partners, or Iraq..."

Measuring Stability and Security in Iraq, March 2009
"This report to Congress, Measuring Stability and Security in Iraq, is submitted pursuant to Section 9204 of the Supplemental Appropriations Act for 2008, Public Law 110-252.1 This report is also submitted pursuant to Section 1508(c) of the Department of Defense Authorization Act for 2009, Public Law 110-417. The report includes specific performance indicators and measures of progress toward political, economic, and security stability in Iraq, as directed by legislation. This is the
fifteenth report in this series of quarterly reports. The most recent report was submitted in January 2009. The report complements other reports and information about Iraq provided to Congress and is not intended as a single source of all information about the combined efforts or the future strategy of the United States, its Coalition partners, or Iraq."

Obama Administration Lifts Blanket Ban on Media Coverage of the Return of Fallen Soldiers
"[February 26, 2009]Today Secretary of Defense Robert Gates lifted a blanket ban on news media coverage of the honor guard ceremonies that mark the return of military casualties from abroad. The new policy will permit media coverage of the ceremonies, during which caskets draped with American flags are brought home from war, after consultation with the families of the fallen. The Obama administration’s move restores press access to the honor ceremonies, which had been the practice from World War II through the Panama invasion of 1989. During the lead-up to the Gulf War in 1991, Secretary of Defense Dick Cheney instituted the ban. The news media lost a first amendment challenge to the ban, but Professor Ralph Begleiter and the National Security Archive forced the release of hundreds of images taken by military photographers under the Freedom of Information Act (FOIA) in 2005."

Measuring Stability and Security in Iraq
"The strategic goal of the United States in Iraq remains a unified, democratic, and federal Iraq that can govern, defend, and sustain itself and is an ally in the war on terror. The United States is pursuing this goal along political, security, economic, diplomatic, and rule of law lines of operation. This report measures progress toward achieving this goal during June through August 2008 and highlights challenges to Iraqi and Coalition efforts to achieve their mutual objectives...:

2008 National Defense Strategy
"The Pentagon’s new National Defense Strategy is the latest in a series of Defense Department messages highlighting the need to develop a U.S. foreign policy with greater emphasis on so-called “soft powers” such as diplomacy and international aid.
The broad-brush document released yesterday includes a section that strikes at the need for greater cooperation, or “jointness,” between the department and its interagency partners if American operations abroad are to succeed.

“Iraq and Afghanistan remind us that military success alone is insufficient to achieve victory,” the strategy reads. “We must not forget our hard-learned lessons or allow the important soft power capabilities developed because of them to atrophy or even disappear.”

Beyond security, the “essential ingredients” of long-term success include economic development, institution building and enforcing the rule of law, the document states..."