10 USC § 482 - Quarterly reports: personnel and unit readiness

(a) Quarterly Reports Required.— Not later than 45 days after the end of each calendar-year quarter, the Secretary of Defense shall submit to Congress a report regarding military readiness. The report for a quarter shall contain the information required by subsections (b), (d), (e), and (f).

(b) Readiness Problems and Remedial Actions.— Each report shall specifically describe—

(1) each readiness problem and deficiency identified using the assessments considered under subsection (c);

(2) planned remedial actions; and

(3) the key indicators and other relevant information related to each identified problem and deficiency.

(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) Comprehensive Readiness Indicators for Active Components.— Each report shall also include information regarding each of the active components of the armed forces (and an evaluation of such information) with respect to each of the following readiness indicators:

(1) Personnel strength.—

(A) Personnel status, 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.

(B) Historical data and projected trends in personnel strength and status.

(2) Personnel turbulence.—

(A) Recruit quality.

(B) Borrowed manpower.

(C) Personnel stability.

(3) Other personnel matters.—

(A) Personnel morale.

(B) Recruiting status.

(4) Training.—

(A) Training unit readiness and proficiency.

(B) Operations tempo.

(C) Training funding.

(D) Training commitments and deployments.

(5) Logistics—equipment fill.—

(A) Deployed equipment.

(B) Equipment availability.

(C) Equipment that is not mission capable.

(D) Age of equipment.

(E) Condition of nonpacing items.

(6) Logistics—equipment maintenance.—

(A) Maintenance backlog.

(7) Logistics—supply.—

(A) Availability of ordnance and spares.

(B) Status of prepositioned equipment.

(e) Unit Readiness Indicators.— Each report shall also include information regarding the readiness of each active component unit of the armed forces at the battalion, squadron, or an equivalent level (or a higher level) that received a readiness rating of C–3 (or below) for any month of the calendar-year quarter covered by the report. With respect to each such unit, the report shall separately provide the following information:

(1) The unit designation and level of organization.

(2) The overall readiness rating for the unit for the quarter and each month of the quarter.

(3) The resource area or areas (personnel, equipment and supplies on hand, equipment condition, or training) that adversely affected the unit’s readiness rating for the quarter.

(4) The reasons why the unit received a readiness rating of C–3 (or below).

(f) Readiness of National Guard to Perform Civil Support Missions.—

(1) Each report shall also include an assessment of the readiness of the National Guard to perform tasks required to support the National Response Plan for support to civil authorities.

(2) Any information in an assessment under this subsection that is relevant to the National Guard of a particular State shall also be made available to the Governor of that State.

(3) The Secretary shall ensure that each State Governor has an opportunity to provide to the Secretary an independent evaluation of that State’s National Guard, which the Secretary shall include with each assessment submitted under this subsection.

(g) 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.

Source

(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.)

Amendments

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. 105–85substituted “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. 104–201renumbered section 452 of this title as this section.

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

Section 361(b) ofPub. L. 104–106provided 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].”

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.