10 U.S. Code § 482 - Quarterly reports: personnel and unit readiness

§ 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 the military readiness of the active and reserve components. Each report shall contain the information required by subsections (b), (d), (e), (f), (g), (h), and (i).
(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)Prepositioned Stocks.—Each report shall also include a military department-level or agency-level assessment of the readiness of prepositioned stocks, including—
(1)
an assessment of the fill and materiel readiness of stocks by geographic location;
(2)
an overall assessment by military department or Defense Agency of the ability of the respective stocks to meet operation and contingency plans; and
(3)
a mitigation plan for any shortfalls or gaps identified under paragraph (1) or (2) and a timeline associated with corrective action.
(e)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 Framework 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.
(f)Combatant Command Assigned Mission Assessments.—
(1)
Each report shall also include an assessment by each commander of a geographic or functional combatant command of the ability of the command to successfully execute each of the assigned missions of the command. Each such assessment for a combatant command shall also include a list of the mission essential tasks for each assigned mission of the command and an assessment of the ability of the command to successfully complete each task within prescribed timeframes.
(2)
For purposes of this subsection, the term “assigned mission” means any contingency response program plan, theater campaign plan, or named operation that is approved and assigned by the Joint Chiefs of Staff.
(3)
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.
(g)Risk Assessment of Dependence on Contractor Support.—
Each report shall also include an assessment by the Chairman of the Joint Chiefs of Staff of the level of risk incurred by using contract support in contingency operations as required under Department of Defense Instruction 1100.22, “Policies and Procedures for Determining Workforce Mix”.
(h)Combat Support and Related Agencies Assessment.—
(1) Each report shall also include an assessment by the Secretary of Defense of the military readiness of the combat support and related agencies, including, for each such agency—
(A) a determination with respect to the responsiveness and readiness of the agency to support operating forces in the event of a war or threat to national security, including—
(i)
a list of mission essential tasks and an assessment of the ability of the agency to successfully perform those tasks;
(ii)
an assessment of how the ability of the agency to accomplish the tasks referred to in subparagraph (A) affects the ability of the military departments and the unified and geographic combatant commands to execute operations and contingency plans by number;
(iii)
any readiness deficiencies and actions recommended to address such deficiencies; and
(iv)
key indicators and other relevant information related to any deficiency or other problem identified;
(B)
any recommendations that the Secretary considers appropriate.
(2) In this subsection, the term “combat support and related agencies” means any of the following Defense Agencies:
(A)
The Defense Information Systems Agency.
(B)
The Defense Intelligence Agency.
(C)
The Defense Logistics Agency.
(D)
The National Geospatial-Intelligence Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense).
(E)
The Defense Contract Management Agency.
(F)
The Defense Threat Reduction Agency.
(G)
The National Reconnaissance Office.
(H)
The National Security Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense) and Central Security Service.
(I)
Any other Defense Agency designated as a combat support agency by the Secretary of Defense.
(i)Major Exercise Assessments.—
(1) Each report under this section shall also include information on each major exercise conducted by a geographic or functional combatant command or military department, including—
(A)
a list of exercises by name for the period covered by the report;
(B)
the cost and location of each such exercise; and
(C)
a list of participants by country or military department.
(2)
In this subsection, the term “major exercise” means a named major training event, an integrated or joint exercise, or a unilateral major exercise.
(j)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.
Amendments

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.

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].”

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.

 

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