10 U.S.C. § 482 — Readiness reports

Page 481 TITLE 10—ARMED FORCES § 482 tion boards that were submitted during that fiscal year. ‘‘(6) Selection rates for female members and for male members for attendance at intermediate service schools (ISS) and, separately, for attendance at sen- ior service schools (SSS) in reports of selection boards that were submitted during that fiscal year. ‘‘(7) The extent of assignments of female members during that fiscal year in each field in which at least 80 percent of the Armed Forces personnel assigned in the field are men. ‘‘(8) The incidence of sexual harassment complaints made during that fiscal year, stated as the number of cases in which complaints of sexual harassment were filed under procedures of military departments that are applicable to the submission of sexual harassment complaints, together with the number and percent of the complaints that were substantiated. ‘‘(9) Satisfaction (based on surveys) of female ac- tive-duty members, female dependents of active-duty members, and female dependents of nonactive duty members entitled to health care provided by the De- partment of Defense with access to, and quality of, women’s health care benefits provided by the Depart- ment of Defense. ‘‘(c) TIME FOR REPORT.—The report for a fiscal year under this section shall be submitted not later than 120 days after the end of that fiscal year.’’ FIRST REPORT REQUIRED UNDER SUBSECTION (c) Pub. L. 103–337, div. A, title V, § 554(b), Oct. 5, 1994, 108 Stat. 2773, required Secretary of Defense to submit first report under former subsec. (c) of this section not later than May 1, 1995. § 481a. Workplace and gender relations issues: surveys of Department of Defense civilian employees (a) IN GENERAL.—(1) The Secretary of Defense shall carry out every other fiscal year a survey of civilian employees of the Department of De- fense to solicit information on gender issues, in- cluding issues relating to gender-based assault (including unwanted sexual contact), harass- ment, and discrimination, and the climate in the Department for forming professional rela- tionships between male and female civilian em- ployees of the Department. (2) Each survey under this section shall be known as a ‘‘Department of Defense Civilian Employee Workplace and Gender Relations Sur- vey’’. (b) ELEMENTS.—Each survey conducted under this section shall be conducted so as to solicit information on the following: (1) Indicators of positive and negative trends for professional and personal relationships be- tween male and female civilian employees of the Department of Defense. (2) The specific types of assault (including unwanted sexual contact) on civilian employ- ees of the Department by other personnel of the Department (including contractor per- sonnel) that have occurred, and the number of times each respondent has been so assaulted during the preceding fiscal year. (3) The effectiveness of Department policies designed to improve professional relationships between male and female civilian employees of the Department. (4) The effectiveness of current processes for complaints on and investigations into gender- based assault (including unwanted sexual con- tact), harassment, and discrimination involv- ing civilian employees of the Department. (5) Any other issues relating to assault (in- cluding unwanted sexual contact), harass- ment, or discrimination involving civilian em- ployees of the Department that the Secretary considers appropriate. (c) REPORT TO CONGRESS.—Upon the comple- tion of a survey under this section, the Sec- retary shall submit to Congress a report con- taining the results of the survey. (d) POSTPONEMENT.—(1) The Secretary of De- fense may postpone the conduct of a survey under this section if the Secretary determines that conducting such survey is not practicable due to a war or national emergency declared by the President or Congress. (2) The Secretary shall ensure that a survey postponed under paragraph (1) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate. (3) The Secretary shall notify Congress of a de- termination under paragraph (1) not later than 30 days after the date on which the Secretary makes such determination. (Added Pub. L. 113–291, div. A, title X, § 1073(a)(1), Dec. 19, 2014, 128 Stat. 3517; amended Pub. L. 116–92, div. A, title V, § 591(b), Dec. 20, 2019, 133 Stat. 1414; Pub. L. 116–283, div. A, title V, § 552(c), Jan. 1, 2021, 134 Stat. 3632.) Editorial Notes AMENDMENTS 2021—Subsec. (d). Pub. L. 116–283 added subsec. (d). 2019—Subsecs. (a), (b). Pub. L. 116–92 inserted ‘‘(in- cluding unwanted sexual contact)’’ after ‘‘assault’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–92 effective Dec. 20, 2019, and applicable with respect to surveys under this sec- tion that are initiated after such date, see section 591(c) of Pub. L. 116–92, set out as a note under section 481 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of re- port to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. INITIAL SURVEY Pub. L. 113–291, div. A, title X, § 1073(a)(3), Dec. 19, 2014, 128 Stat. 3518, provided that: ‘‘The Secretary of Defense shall carry out the first survey required by sec- tion 481a of title 10, United States Code (as added by this subsection), during fiscal year 2016.’’ § 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 Sec- retary of Defense shall submit to Congress a re- port regarding the military readiness of the ac- tive and reserve components and the Space Force. The Secretary of Defense shall submit each such report in writing and shall also sub- mit 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 Page 482 TITLE 10—ARMED FORCES § 482 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 ele- ments described in subsection (b) since the sub- mittal of the most recently submitted report. (b) REQUIRED ELEMENTS.—The elements de- scribed in this subsection are each of the fol- lowing: (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 readi- ness 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 defi- ciencies that affect the combat readiness rat- ings for each force element. (5) The total number of upgrades and the total number of downgrades of the combat readiness of a unit that were issued by the commander of the unit, disaggregated by armed force. (6) A summary of the readiness of supporting capabilities, including infrastructure, prepositioned equipment and supplies, and mo- bility assets, and other supporting logistics capabilities. (7) A summary of the readiness of the com- bat support and related agencies, any readi- ness problem or deficiency affecting any mis- sion 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 dif- ferent vehicle, vessel, or aircraft operational. (10) Information regarding the extent to which any member of the armed forces is as- signed 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 Govern- ment. (11) A summary of the joint medical esti- mate 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 Sur- geon, with a mitigation plan to correct any readiness problem or deficiency and the timeline, cost, and any legislative action re- quired to correct any such problem or defi- ciency. (12) Such other information as determined necessary or appropriate by the Secretary of Defense. (c) CONSIDERATION OF READINESS ASSESS- MENTS.—The information required under sub- section (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 Sec- retary 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 proc- ess of periodic readiness reviews for the De- partment of Defense as a whole. (d) SEMI-ANNUAL JOINT FORCE READINESS RE- VIEW.—(1) Not later than 30 days after the last day of the first and third quarter of each cal- endar year, the Chairman of the Joint Chiefs of Staff shall submit to Congress a written report on the capability of the armed forces, the com- bat support and related agencies, operational contract support, and the geographic and func- tional 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 re- quired 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 com- mand of the readiness of the command to con- duct operations in a multidomain battle that in- tegrates ground, sea, air, space, cyber, and spe- cial operations forces. (4) The Chairman shall submit to the Sec- retary of Defense a copy of each report under this subsection. (e) CLASSIFICATION OF REPORTS.—A report under this section shall be submitted in unclas- sified form. To the extent the Secretary of De- fense determines necessary, the report may also be submitted in classified form. (Added Pub. L. 104–106, div. A, title III, § 361(a)(1), Feb. 10, 1996, 110 Stat. 272, § 452; re- numbered § 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. Page 483 TITLE 10—ARMED FORCES § 482 113–291, 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; Pub. L. 118–159, div. A, title III, § 341, Dec. 23, 2024, 138 Stat. 1857.) Editorial Notes REFERENCES IN TEXT Section 732(b)(1) of the John S. McCain National De- fense 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. AMENDMENTS 2024—Subsec. (b)(5). Pub. L. 118–159 amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘A summary of each upgrade or downgrade of the com- bat readiness of a unit that was issued by the com- mander of the unit, together with the rationale of the commander for the issuance of such upgrade or down- grade.’’ 2023—Subsec. (a)(1), (2). Pub. L. 118–31 inserted ‘‘and the Space Force’’ after ‘‘active and reserve compo- nents’’. 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 sub- stituted ‘‘Reports and Briefings’’ for ‘‘Quarterly Re- ports Required’’ and in text designated existing provi- sions 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 sub- mit 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 in- formation 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 spe- cific 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, re- spectively. 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 Com- mand shall include a separate assessment prepared by the Commander of United States Cyber Command re- lating to the readiness of United States Cyber Com- mand and the readiness of the cyber force of each of the military departments.’’ 2017—Subsec. (a). Pub. L. 115–91, § 331(a)(1), sub- stituted ‘‘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 head- ing, struck out ‘‘and Remedial Actions’’ after ‘‘Prob- lems’’ 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), re- designated 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), sub- stituted ‘‘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 ‘‘sub- sections (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 sub- secs. (d) and (e), which related to prepositioned stocks and readiness of National Guard to perform civil sup- port missions, respectively. 2014—Subsec. (a). Pub. L. 113–291, § 321(1), substituted ‘‘the military readiness of the active and reserve com- ponents.’’ 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 compo- nents. 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 Re- sponse 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 sub- sec. (i) as (g). Former subsec. (g) redesignated (e). Subsec. (h). Pub. L. 113–291, § 321(7), inserted ‘‘AND RE- LATED’’ 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 pro- visions 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). Page 484 TITLE 10—ARMED FORCES § 482 Subsec. (j). Pub. L. 113–291, § 321(4), redesignated sub- sec. (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 sub- sec. (l) as (j). 2013—Subsec. (a). Pub. L. 113–66, § 331(a)(1), sub- stituted ‘‘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), sub- stituted ‘‘, 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 de- ployments.’’ for ‘‘, including the extent to which mem- bers 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 quali- fied, or both.’’ Subsec. (d)(1)(B). Pub. L. 113–66, § 331(a)(2)(A)(ii), in- serted ‘‘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 fol- lows: ‘‘(A) Recruit quality. ‘‘(B) Borrowed manpower. ‘‘(C) Personnel stability.’’ Subsec. (d)(3), (4). Pub. L. 113–66, § 331(a)(2)(C), (D), re- designated par. (4) as (3), substituted ‘‘Mission rehears- als’’ 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), re- designated 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), redesig- nated 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), redesig- nated par. (6) of subsec. (d) as par. (2) of subsec. (e). Subsec. (e)(2)(A). Pub. L. 113–66, § 331(a)(5)(C)(i), sub- stituted ‘‘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), redesig- nated par. (7) of subsec. (d) as par. (3) of subsec. (e). Subsecs. (f), (g). Pub. L. 113–66, § 331(a)(3), redesig- nated 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), sub- stituted ‘‘(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 re- peal 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 gen- erally. 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 re- pealed 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 COM- MANDERS 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 mak- ing any upgrade of the overall rating of the unit (com- monly referred to as the ‘C-rating’) for such reporting purposes based in whole or in part on subjective fac- tors. ‘‘(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 connec- tion with readiness reporting on the unit concerned if the officer considers the waiver appropriate in the circumstances. ‘‘(2) REPORTING ON WAIVERS.—Each report on per- sonnel and unit readiness submitted to Congress for a calendar year quarter pursuant to section 482 of title 10, United States Code, shall include informa- tion on each waiver, if any, issued pursuant to para- graph (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 sec- tion 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 Sec- retary 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 Page 485 TITLE 10—ARMED FORCES § 483 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 cri- teria proposed to be used to evaluate the readiness indi- cators 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 infor- mation required by subsec. (d) of this section if the Secretary determined that it was impracticable to comply. § 483. Notifications related to basing decision- making process (a) NOTIFICATION REQUIRED.—At each point in the decision-making process specified in sub- section (b), the Secretary concerned shall notify the congressional defense committees of the de- cision-making process to be used or the deci- sion-making process used, whichever applies— (1) to select a military installation to serve as the first permanent location for a new major headquarters, covered military unit, or major weapon system; or (2) to make a permanent change in the bas- ing of a major headquarters, covered military unit, or major weapon system by relocating the major headquarters, covered military unit, or major weapon system from its current mili- tary installation to a different military instal- lation. (b) DEADLINES FOR SUBMISSION OF NOTICE.—The Secretary concerned shall provide the notice re- quired by subsection (a) within seven days after each of the following decision points during the decision-making process: (1) When the Secretary concerned issues any formal internal guidance to begin the deci- sion-making process regarding the location or relocation of a major headquarters, covered military unit, or major weapon system. (2) When the Secretary concerned selects be- tween two and five military installations as the most likely candidate locations for a major headquarters, covered military unit, or major weapon system in order to subject those installations to additional analysis. (3) When the Secretary concerned selects a specific military installation as the preferred location for the major headquarters, covered military unit, or major weapon system. (c) REQUIRED ELEMENTS OF NOTIFICATION.—In a notice required by subsection (a), the Secretary concerned shall include at a minimum the fol- lowing: (1) A description of the manner in which the joint and all-domain training capabilities at each candidate location, if applicable to the type of basing decision-making process at issue, will be or was, whichever applies, com- paratively analyzed among candidate military installations, separate from and in addition to the mission criteria to be used or that was used to make the basing decision. (2) A description of the manner in which the airspace and training areas available at each candidate location, if applicable to the type of basing decision-making process at issue, will be or was, whichever applies, comparatively analyzed among candidate military installa- tions, separate from and in addition to the mission criteria to be used or that was used to make the basing decision. (3) A description of the manner in which community support for the basing decision- making process described in subsection (a) will be or was, whichever applies, comparatively analyzed among candidate military installa- tions, including consultation with appropriate State officials and officials of units of local government in which each installation is lo- cated regarding matters affecting the local community, such as transportation, utility in- frastructure, housing, education, and family support activities. In any case in which the Secretary concerned selects as the preferred location a military installation with less com- munity support compared to other locations, as indicated by such a comparative analysis, an explanation of the operational consider- ations that formed the basis for such selec- tion. (4) An explanation of how each candidate lo- cation will be or was, whichever applies, scored against the factors referred to in the preceding paragraphs, including the weight as- signed to each factor. (5) A summary of any internal score cards that will be or were, whichever applies, used to make the basing decision. (6) With respect to any decision of the Sec- retary concerned that would result in a sig- nificant increase in the number of members of the Armed Forces assigned to a military in- stallation, a description of the consultation with appropriate State and local entities re- garding the basing decision to ensure consider- ation of matters affecting the local commu- nity, including requirements for transpor- tation, utility infrastructure, housing, edu- cation, and family support activities. (d) NOTICE AND WAIT REQUIREMENTS.—No irrev- ocable action may be taken to effect or imple- ment a basing decision reached through the de- cision-making process described in subsection (a) until the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title, the notice referred to in subsection (b)(3) regarding a preferred location for the major headquarters, covered military unit, or major weapon system. (e) ANNUAL REPORTING REQUIREMENT.— (1) REPORT REQUIRED.—Not later than 10 days after the date on which the budget request for a fiscal year is submitted to Congress under section 1105 of title 31, the Secretary con- cerned shall submit to the Committees on Armed Services of the House of Representa- tives and the Senate a report providing the following: (A) An update on the status and antici- pated completion date of each decision-mak- ing process that was commenced or was un- derway during the previous two fiscal years regarding the location or relocation of a major headquarters, covered military unit, or major weapon system.