10 U.S.C. § 482

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 482 - Readiness reports

(a) REPORTS AND BRIEFINGS.-

(1) Not later than 30 days after the end of the second and fourth quarter of each calendar year, the Secretary of Defense shall submit to Congress a report regarding the military readiness of the active and reserve components and the Space Force. The Secretary of Defense shall submit each such report in writing and shall also submit a copy of each such report to the Chairman of the Joint Chiefs of Staff.

(2) Not later than 30 days after the end of the first and third quarter of each calendar year, the Secretary of Defense shall provide to Congress a briefing regarding the military readiness of the active and reserve components and the Space Force.

(3) Each report under this subsection shall contain the elements required by subsection (b) for the quarter covered by the report, and each briefing shall address any changes to the elements described in subsection (b) since the submittal of the most recently submitted report.

(b) REQUIRED ELEMENTS.-The elements described in this subsection are each of the following:

(1) A description of each readiness problem or deficiency that affects the ground, sea, air, space, cyber, or special operations forces, and any other area determined appropriate by the Secretary of Defense.

(2) The key contributing factors, indicators, and other relevant information related to each identified problem or deficiency.

(3) The short-term mitigation strategy the Department will employ to address each readiness problem or deficiency until a resolution is in place, as well as the timeline, cost, and any legislative remedies required to support the resolution.

(4) A summary of combat readiness ratings for the key force elements assessed, including specific information on personnel, supply, equipment, and training problems or deficiencies that affect the combat readiness ratings for each force element.

(5) A summary of each upgrade or downgrade of the combat readiness of a unit that was issued by the commander of the unit, together with the rationale of the commander for the issuance of such upgrade or downgrade.

(6) A summary of the readiness of supporting capabilities, including infrastructure, prepositioned equipment and supplies, and mobility assets, and other supporting logistics capabilities.

(7) A summary of the readiness of the combat support and related agencies, any readiness problem or deficiency affecting any mission essential tasks of any such agency, and actions recommended to address any such problem or deficiency.

(8) A list of all Class A, Class B, and Class C mishaps that occurred in operations related to combat support and training events involving aviation, ground, or naval platforms, weapons, space, or Government vehicles, as defined by Department of Defense Instruction 6055.07, or a successor instruction.

(9) Information on the extent to which units of the armed forces have removed serviceable parts, supplies, or equipment from one vehicle, vessel, or aircraft in order to render a different vehicle, vessel, or aircraft operational.

(10) Information regarding the extent to which any member of the armed forces is assigned or detailed outside the member's unit or away from training in order to perform any function that had previously been performed by civilian employees of the Federal Government.

(11) A summary of the joint medical estimate under section 732(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1817) prepared by the Joint Staff Surgeon, with a mitigation plan to correct any readiness problem or deficiency and the timeline, cost, and any legislative action required to correct any such problem or deficiency.

(12) Such other information as determined necessary or appropriate by the Secretary of Defense.

(c) CONSIDERATION OF READINESS ASSESSMENTS.-The information required under subsection (b) to be included in the report for a quarter shall be based on readiness assessments that are provided during that quarter-

(1) to any council, committee, or other body of the Department of Defense-

(A) that has responsibility for readiness oversight; and

(B) whose membership includes at least one civilian officer in the Office of the Secretary of Defense at the level of Assistant Secretary of Defense or higher;

(2) by senior civilian and military officers of the military departments and the commanders of the unified and specified commands; and

(3) as part of any regularly established process of periodic readiness reviews for the Department of Defense as a whole.

(d) SEMI-ANNUAL JOINT FORCE READINESS REVIEW.-

(1) Not later than 30 days after the last day of the first and third quarter of each calendar year, the Chairman of the Joint Chiefs of Staff shall submit to Congress a written report on the capability of the armed forces, the combat support and related agencies, operational contract support, and the geographic and functional combatant commands to execute their wartime missions based upon their posture and readiness as of the time the review is conducted.

(2) The Chairman shall produce the report required under this subsection using information derived from the quarterly reports required by subsection (a).

(3) Each report required by this subsection shall include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, sea, air, space, cyber, and special operations forces.

(4) The Chairman shall submit to the Secretary of Defense a copy of each report under this subsection.

(e) CLASSIFICATION OF REPORTS.-A report under this section shall be submitted in unclassified form. To the extent the Secretary of Defense determines necessary, the report may also be submitted in classified form.

10 U.S.C. § 482

Added Pub. L. 104-106, div. A, title III, §361(a)(1), Feb. 10, 1996, 110 Stat. 272, §452; renumbered §482, Pub. L. 104-201, div. A, title XI, §1121(a), Sept. 23, 1996, 110 Stat. 2687; amended Pub. L. 105-85, div. A, title III, §322(a)(1), Nov. 18, 1997, 111 Stat. 1673; Pub. L. 106-65, div. A, title III, §361(d)(3), (e), Oct. 5, 1999, 113 Stat. 575; Pub. L. 110-181, div. A, title III, §351(b), Jan. 28, 2008, 122 Stat. 70; Pub. L. 113-66, div. A, title III, §331(a), Dec. 26, 2013, 127 Stat. 737; Pub. L. 113-291, div. A, title III, §321, Dec. 19, 2014, 128 Stat. 3342; Pub. L. 114-328, div. A, title III, §331, Dec. 23, 2016, 130 Stat. 2078; Pub. L. 115-91, div. A, title III, §331(a), Dec. 12, 2017, 131 Stat. 1353; Pub. L. 115-232, div. A, title III, §332, Aug. 13, 2018, 132 Stat. 1725; Pub. L. 116-92, div. A, title III, §361(b), Dec. 20, 2019, 133 Stat. 1325; Pub. L. 117-81, div. A, title III, §361, Dec. 27, 2021, 135 Stat. 1660; Pub. L. 117-263, div. A, title III, §353, Dec. 23, 2022, 136 Stat. 2534; Pub. L. 118-31, div. A, title XVII, §1722(a)(4), Dec. 22, 2023, 137 Stat. 668.

EDITORIAL NOTES

REFERENCES IN TEXTSection 732(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, referred to subsec. (b)(11), is section 732(b)(1) of Pub. L. 115-232, div. A, title VII, Aug. 13, 2018, 132 Stat. 1817, which is not classified to the Code.

AMENDMENTS2023-Subsec. (a)(1), (2). Pub. L. 118-31 inserted "and the Space Force" after "active and reserve components". 2022-Subsec. (b)(11), (12). Pub. L. 117-263 added par. (11) and redesignated former par. (11) as (12). 2021-Subsec. (b)(10), (11). Pub. L. 117-81 added par. (10) and redesignated former par. (10) as (11). 2019- Pub. L. 116-92, §361(b)(1), substituted "Readiness reports" for "Quarterly reports: personnel and unit readiness" in section catchline.Subsec. (a). Pub. L. 116-92, §361(b)(2), in heading substituted "Reports and Briefings" for "Quarterly Reports Required" and in text designated existing provisions as par. (1), substituted "the second and fourth quarter of each calendar year" for "each calendar-year quarter", substituted "The Secretary of Defense shall submit each such report in writing and shall also submit a copy of each such report to the Chairman of the Joint Chiefs of Staff." for "The reports for the first and third quarters of a calendar year shall contain the information required by subsections (b), (d), (e), (f), and (g). The reports for the second and fourth quarters of a calendar year shall contain the information required by subsection (j).", and added pars. (2) and (3).Subsec. (b). Pub. L. 116-92, §361(b)(3), added subsec. (b) and struck out former subsec. (b) which related to specific descriptions of readiness problems in second and fourth quarter reports.Subsecs. (d) to (j). Pub. L. 116-92, §361(b)(4) -(6), added subsec. (d), redesignated subsec. (i) as (e), and struck out former subsecs. (d) to (h) and (j) which related to combatant command assessments, risk assessment of dependence on contractor support, military readiness of combat support and related agencies, major exercise assessments, information collected pursuant to section 117(c)(7) of this title, and mitigation plans to address readiness shortfalls and operational deficiencies, respectively. 2018-Subsec. (b)(1). Pub. L. 115-232, §332(1), inserted "in the ground, sea, air, space, and cyber forces, and in such other such areas as determined by the Secretary of Defense," after "deficiency".Subsec. (d). Pub. L. 115-232, §332(2)(A), struck out "Assigned Mission" after "Command" in heading. Subsec. (d)(2), (3). Pub. L. 115-232, §332(2)(B) -(D), added par. (2), redesignated former par. (2) as (3), and struck out former par. (3) which read as follows: "The assessment included in the report under paragraph (1) by the Commander of the United States Strategic Command shall include a separate assessment prepared by the Commander of United States Cyber Command relating to the readiness of United States Cyber Command and the readiness of the cyber force of each of the military departments." 2017-Subsec. (a). Pub. L. 115-91, §331(a)(1), substituted "The reports for the first and third quarters of a calendar year" for "Each report" and inserted at end "The reports for the second and fourth quarters of a calendar year shall contain the information required by subsection (j).".Subsec. (b). Pub. L. 115-91, §331(a)(2)(A), (B), in heading, struck out "and Remedial Actions" after "Problems" and in introductory provisions, substituted "A report for the second or fourth quarter of a calendar year" for "Each report". Subsec. (b)(2), (3). Pub. L. 115-91, §331(a)(2)(C) -(E), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "planned remedial actions; and".Subsec. (d)(1). Pub. L. 115-91, §331(a)(3), substituted "A report for the second or fourth quarter of a calendar year" for "Each report".Subsec. (e). Pub. L. 115-91, §331(a)(4), substituted "A report for the second or fourth quarter of a calendar year" for "Each report".Subsec. (f)(1). Pub. L. 115-91, §331(a)(5), substituted "A report for the second or fourth quarter of a calendar year" for "Each report" in introductory provisions.Subsec. (g)(1). Pub. L. 115-91, §331(a)(6), substituted "A report for the second or fourth quarter of a calendar year" for "Each report" in introductory provisions.Subsec. (j). Pub. L. 115-91, §331(a)(7), added subsec. (j). 2016-Subsec. (a). Pub. L. 114-328, §331(a), (b)(1), substituted "Not later than 30 days after the end of each calendar-year quarter" for "Not later than 45 days after the end of each calendar-year quarter" and "subsections (b), (d), (e), (f), and (g)" for "subsections (b), (d), (e), (f), (g), (h), and (i)".Subsecs. (d) to (j). Pub. L. 114-328, §331(b)(2), (3), (c), added subsec. (h), redesignated subsecs. (f) to (j) as (d) to (g) and (i), respectively, and struck out former subsecs. (d) and (e), which related to prepositioned stocks and readiness of National Guard to perform civil support missions, respectively. 2014-Subsec. (a). Pub. L. 113-291, §321(1), substituted "the military readiness of the active and reserve components." for "military readiness." and "subsections (b), (d), (e), (f), (g), (h), and (i)." for "subsections (b), (d), (f), (g), (h), (i), (j), and (k), and the reports for the second and fourth quarters of a calendar year shall also contain the information required by subsection (e)."Subsec. (d). Pub. L. 113-291, §321(2), (3), added subsec. (d) and struck out former subsec. (d) which related to comprehensive readiness indicators for active components.Subsec. (e). Pub. L. 113-291, §321(2), (4), redesignated subsec. (g) as (e) and struck out former subsec. (e) which related to logistics indicators.Subsec. (e)(1). Pub. L. 113-291, §321(5), substituted "National Response Framework" for "National Response Plan".Subsec. (f). Pub. L. 113-291, §321(2), (4), redesignated subsec. (h) as (f) and struck out former subsec. (f) which related to unit readiness indicators.Subsec. (f)(3). Pub. L. 113-291, §321(6), added par. (3).Subsec. (g). Pub. L. 113-291, §321(4), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (e).Subsec. (h). Pub. L. 113-291, §321(7), inserted "AND RELATED" after "SUPPORT" in heading and substituted "combat support and related agencies" for "combat support agencies" in introductory provisions of par. (1) and for "combat support agency" in introductory provisions of par. (2). Pub. L. 113-291, §321(4), redesignated subsec. (j) as (h). Former subsec. (h) redesignated (f). Subsec. (i). Pub. L. 113-291, §321(8), added subsec. (i). Former subsec. (i) redesignated (g).Subsec. (j). Pub. L. 113-291, §321(4), redesignated subsec. (l) as (j). Former subsec. (j) redesignated (h).Subsec. (k). Pub. L. 113-291, §321(2), struck out subsec. (k) which related to major exercise assessments. Subsec. (l). Pub. L. 113-291, §321(4), redesignated subsec. (l) as (j).2013-Subsec. (a). Pub. L. 113-66, §331(a)(1), substituted "Each report" for "The report for a quarter" and "(f), (g), (h), (i), (j), and (k), and the reports for the second and fourth quarters of a calendar year shall also contain the information required by subsection (e)" for "(e), and (f)".Subsec. (d)(1)(A). Pub. L. 113-66, §331(a)(2)(A)(i), substituted ",including an assessment of the manning of units (authorized versus assigned numbers of personnel) for units not scheduled for deployment and the timing of the arrival of personnel into units preparing for deployments." for ",including the extent to which members of the armed forces are serving in positions outside of their military occupational specialty, serving in grades other than the grades for which they are qualified, or both."Subsec. (d)(1)(B). Pub. L. 113-66, §331(a)(2)(A) (ii), inserted "unit" before "personnel strength". Subsec. (d)(2). Pub. L. 113-66, §331(a)(2)(B), amended par. (2) generally. Prior to amendment, text read as follows:"(A) Recruit quality."(B) Borrowed manpower. "(C) Personnel stability." Subsec. (d)(3), (4). Pub. L. 113-66, §331(a)(2)(C), (D), redesignated par. (4) as (3), substituted "Mission rehearsals" for "Training commitments" in subpar. (D), and struck out former par. (3). Prior to amendment, text of par. (3) read as follows:"(A) Personnel morale."(B) Recruiting status."Subsec. (d)(5) to (7). Pub. L. 113-66, §331(a)(5)(A), redesignated pars. (5) to (7) of subsec. (d) as pars. (1) to (3), respectively, of subsec. (e). Subsec. (e). Pub. L. 113-66, §331(a)(4), added subsec. (e). Former subsec. (e) redesignated (f).Subsec. (e)(1). Pub. L. 113-66, §331(a)(5)(A), redesignated par. (5) of subsec. (d) as par. (1) of subsec. (e). Subsec. (e)(1)(E). Pub. L. 113-66, §331(a)(5)(B), struck out subpar. (E) which read as follows: "Condition of nonpacing items." Subsec. (e)(2). Pub. L. 113-66, §331(a)(5)(A), redesignated par. (6) of subsec. (d) as par. (2) of subsec. (e).Subsec. (e)(2)(A). Pub. L. 113-66, §331(a)(5)(C)(i), substituted "Depot maintenance" for "Maintenance".Subsec. (e)(2)(B). Pub. L. 113-66, §331(a)(5)(C) (ii), added subpar. (B).Subsec. (e)(3). Pub. L. 113-66, §331(a)(5)(A), redesignated par. (7) of subsec. (d) as par. (3) of subsec. (e).Subsecs. (f), (g). Pub. L. 113-66, §331(a)(3), redesignated subsecs. (e) and (f) as (f) and (g), respectively. Former subsec. (g) redesignated (l).Subsecs. (h) to (k). Pub. L. 113-66, §331(a)(6), added subsecs. (h) to (k).Subsec. (l). Pub. L. 113-66, §331(a)(3), redesignated subsec. (g) as (l).2008-Subsec. (a). Pub. L. 110-181, §351(b)(1), substituted "(e), and (f)" for "and (e)".Subsecs. (f), (g). Pub. L. 110-181, §351(b)(2), (3), added subsec. (f) and redesignated former subsec. (f) as (g). 1999- Pub. L. 106-65, §361(d)(3), repealed Pub. L. 105-261, §373(d)(2) . See 1998 Amendment note below. Subsec. (a). Pub. L. 106-65, §361(e), substituted "45 days" for "30 days".1998- Pub. L. 105-261, §373(d)(2), which directed the repeal of this section effective June 1, 2001, was repealed by Pub. L. 106-65, §361(d)(3) . 1997- Pub. L. 105-85 substituted "Quarterly reports: personnel and unit readiness" for "Quarterly readiness reports" in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (c) relating to requirement for submission of quarterly readiness reports, matters to be included in reports, and form of reports.1996- Pub. L. 104-201 renumbered section 452 of this title as this section.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF Pub. L. 105-261 Pub. L. 105-261, div. A, title III, §373(d)(2), Oct. 17, 1998, 112 Stat. 1992, which provided that the repeal of this section was to be effective June 1, 2001, was repealed by Pub. L. 106-65, div. A, title III, §361(d)(3), Oct. 5, 1999, 113 Stat. 575.

EFFECTIVE DATE Pub. L. 104-106, div. A, title III, §361(b), Feb. 10, 1996, 110 Stat. 273, provided that: "Section 452 [now 482] of title 10, United States Code, as added by subsection (a), shall take effect with the calendar-year quarter during which this Act is enacted [enacted Feb. 10, 1996]."

TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (a) of this section requiring submittal of quarterly reports to Congress, see section 1061 of Pub. L. 114-328, set out as a note under section 111 of this title.

PROHIBITION ON SUBJECTIVE UPGRADES BY COMMANDERS OF UNIT RATINGS IN MONTHLY READINESS REPORTING ON MILITARY UNITS Pub. L. 116-92, div. A, title III, §365, Dec. 20, 2019, 133 Stat. 1328, provided that:"(a) IN GENERAL.-The Chairman of the Joint Chiefs of Staff shall modify Chairman of the Joint Chiefs of Staff Instruction (CJCSI) 3401.02B, on Force Readiness Reporting, to prohibit the commander of a military unit who is responsible for monthly reporting of the readiness of the unit under the instruction from making any upgrade of the overall rating of the unit (commonly referred to as the 'C-rating') for such reporting purposes based in whole or in part on subjective factors. "(b) WAIVER.-"(1) IN GENERAL.-The modification required by subsection (a) shall authorize an officer in a general or flag officer grade in the chain of command of a commander described in that subsection to waive the prohibition described in that subsection in connection with readiness reporting on the unit concerned if the officer considers the waiver appropriate in the circumstances. "(2) REPORTING ON WAIVERS.-Each report on personnel and unit readiness submitted to Congress for a calendar year quarter pursuant to section 482 of title 10, United States Code, shall include information on each waiver, if any, issued pursuant to paragraph (1) during such calendar year quarter."

QUARTERLY REPORTS ON PERSONNEL AND UNIT READINESS Pub. L. 110-181, div. A, title III, §351(c)(2), Jan. 28, 2008, 122 Stat. 71, provided that: "The amendment made by subsection (b) [amending this section] shall apply with respect to the quarterly report required under section 482 of title 10, United States Code, for the second quarter of fiscal year 2009 and each subsequent report required under that section."

QUARTERLY READINESS REPORT REQUIREMENT Pub. L. 105-261, div. A, title III, §373(d)(1), Oct. 17, 1998, 112 Stat. 1992, which provided that effective Jan. 15, 2000, or the date on which the first report of the Secretary of Defense is submitted under section 117(e) of this title, whichever is later, the Secretary of Defense was to cease to submit reports under this section, was repealed by Pub. L. 106-65, div. A, title III, §361(d)(3), Oct. 5, 1999, 113 Stat. 575.

IMPLEMENTATION PLAN TO EXAMINE READINESS INDICATORS Pub. L. 105-85, div. A, title III, §322(b), Nov. 18, 1997, 111 Stat. 1675, directed the Secretary of Defense, not later than Jan. 15, 1998, to submit to the congressional defense committees a plan specifying the manner in which the additional reporting requirement of subsec. (d) of this section would be implemented and the criteria proposed to be used to evaluate the readiness indicators identified in subsec. (d).

TRANSITION TO COMPLETE REPORT Pub. L. 105-85, div. A, title III, §322(d), Nov. 18, 1997, 111 Stat. 1675, provided that until the report under this section for the third quarter of 1998 was submitted, the Secretary of Defense was authorized to omit the information required by subsec. (d) of this section if the Secretary determined that it was impracticable to comply.

includes: "includes" means "includes but is not limited to"; and
National Guard: The term "National Guard" means the Army National Guard and the Air National Guard.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
congressional defense committees: The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
flag officer: The term "flag officer" means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
military departments: The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
officer: The term "officer" means a commissioned or warrant officer.
rating: The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).
supplies: The term "supplies" includes material, equipment, and stores of all kinds.