10 U.S.C. § 118 — Materiel readiness metrics and objectives

Page 127 TITLE 10—ARMED FORCES § 118 tory element of unit readiness reporting, to include the Defense Readiness Reporting Systems-Strategic (DRRS-S) and all other subordinate systems that re- port readiness data.’’ METRICS FOR ASSESSMENT OF READINESS OF CYBER MISSION FORCES Pub. L. 116–92, div. A, title XVI, § 1634(b), (c), Dec. 20, 2019, 133 Stat. 1747, provided that: ‘‘(b) METRICS.— ‘‘(1) ESTABLISHMENT REQUIRED.—The Secretary of Defense shall establish metrics for the assessment of the readiness of the Cyber Mission Forces of the De- partment of Defense. ‘‘(2) BRIEFINGS REQUIRED.—Not later than 90 days after the date of the enactment of this Act [Dec. 20, 2019] and quarterly thereafter until completion of the establishment of the metrics under paragraph (1), the Secretary shall provide a briefing to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on such metrics, including progress as required pursuant to subsection (c). ‘‘(c) MODIFICATION OF READINESS REPORTING SYS- TEM.—Not later than 180 days after the date of the en- actment of this Act [Dec. 20, 2019], the Secretary shall take such actions as the Secretary considers appro- priate to ensure that the comprehensive readiness re- porting system established pursuant to section 117(a) of title 10, United States Code, covers matters relating to the readiness of the Cyber Mission Forces— ‘‘(1) using the metrics established pursuant to sub- section (b)(1); and ‘‘(2) in a manner that is consistent with sections 117 and 482 of such title.’’ LIMITATION ON AVAILABILITY OF FUNDS FOR SERVICE- SPECIFIC DEFENSE READINESS REPORTING SYSTEMS Pub. L. 115–232, div. A, title III, § 358, Aug. 13, 2018, 132 Stat. 1732, as amended by Pub. L. 116–92, div. A, title III, § 362, Dec. 20, 2019, 133 Stat. 1327, provided that: ‘‘(a) LIMITATION.—None of the funds authorized to be appropriated by this Act [see Tables for classification] or otherwise made available for the Department of De- fense for fiscal year 2019 for research, development, test, and evaluation or procurement, and available to develop service-specific Defense Readiness Reporting Systems (referred to in this section as ‘DRRS’) may be made available for such purpose except for required maintenance and in order to facilitate the transition to DRRS-Strategic (referred to in this section as ‘DRRS- S’). ‘‘(b) PLAN.—Not later than February 1, 2019, the Under Secretary for Personnel and Readiness shall sub- mit to the congressional defense committees [Commit- tees on Armed Services and Appropriations of the Sen- ate and the House of Representatives] a resource and funding plan to include a schedule with relevant mile- stones on the elimination of service-specific DRRS and the migration of the military services and other orga- nizations to DRRS-S. ‘‘(c) TRANSITION.—The military services shall com- plete the transition to DRRS-S not later than October 1, 2020. The Secretary of Defense shall notify the con- gressional defense committees upon the complete tran- sition of the services. ‘‘(d) REPORTING REQUIREMENT.— ‘‘(1) IN GENERAL.—The Under Secretary for Per- sonnel and Readiness, the Under Secretary for Acqui- sition and Sustainment, and the Under Secretary for Research and Engineering, in coordination with the Secretaries of the military departments and other or- ganizations with relevant technical expertise, shall establish a working group including individuals with expertise in application or software development, data science, testing, and development and assess- ment of performance metrics to assess the current process for collecting, analyzing, and communicating readiness data, and develop a strategy for imple- menting any recommended changes to improve and establish readiness metrics using the current DRRS- Strategic platform. ‘‘(2) ELEMENTS.—The assessment conducted pursu- ant to paragraph (1) shall include— ‘‘(A) identification of modern tools, methods, and approaches to readiness to more effectively and ef- ficiently collect, analyze, and make decision based on readiness data; and ‘‘(B) consideration of cost and schedule. ‘‘(3) SUBMISSION TO CONGRESS.—Not later than Feb- ruary 1, 2020, the Secretary of Defense shall submit to the congressional defense committees the assessment conducted pursuant to paragraph (1). ‘‘(e) DEFENSE READINESS REPORTING REQUIREMENTS.— To the maximum extent practicable, the Secretary of Defense shall meet defense readiness reporting require- ments consistent with the recommendations of the working group established under subsection (d)(1).’’ DEFENSE MATERIEL READINESS BOARD Pub. L. 112–239, div. A, title XVI, § 1601(a), Jan. 2, 2013, 126 Stat. 2062, provided that: ‘‘The Defense Materiel Readiness Board established pursuant to section 871 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 117 note) [formerly set out below] is hereby disestablished.’’ Pub. L. 112–239, div. A, title XVI, § 1601(b), Jan. 2, 2013, 126 Stat. 2062, provided that: ‘‘The Department of De- fense Strategic Readiness Fund established by section 872(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 117 note) [formerly set out below] is hereby closed.’’ Pub. L. 110–181, div. A, title VIII, subtitle G, Jan. 28, 2008, 122 Stat. 260, which required Secretary of Defense to establish Defense Materiel Readiness Board to pro- vide independent assessments of materiel readiness, materiel readiness shortfalls, and materiel readiness plans to Secretary of Defense and Congress; provided for designation of critical materiel readiness shortfalls; established Department of Defense Strategic Readiness Fund; and required Secretary of military department to notify Congress with respect to determination that use of a multiyear procurement contract would address a critical material readiness shortfall, was repealed by Pub. L. 112–239, div. A, title XVI, § 1601(c), Jan. 2, 2013, 126 Stat. 2062. IMPLEMENTATION Pub. L. 105–261, div. A, title III, § 373(b), (c), Oct. 17, 1998, 112 Stat. 1992, as amended by Pub. L. 106–65, div. A, title III, § 361(d)(2), Oct. 5, 1999, 113 Stat. 575, directed the Secretary of Defense to submit to Congress a re- port, not later than Mar. 1, 1999, setting forth a plan for implementation of this section, and required the Sec- retary to establish and implement the readiness report- ing system required by this section so as to ensure that required capabilities would be attained not later than Apr. 1, 2000. § 118. Materiel readiness metrics and objectives for major weapon systems (a) MATERIEL READINESS METRICS.—Each head of an element of the Department specified in paragraphs (1) through (10) of section 111(b) of this title shall establish and maintain materiel readiness metrics to enable assessment of the readiness of members of the armed forces to carry out— (1) the strategic framework required by sec- tion 113(g)(1)(B)(vii) of this title; and (2) guidance issued by the Secretary of De- fense pursuant to section 113(g)(1)(B) of this title. (b) REQUIRED METRICS.—At a minimum, the materiel readiness metrics required by sub- Page 128 TITLE 10—ARMED FORCES § 118 section (a) shall address the materiel avail- ability, operational availability, operational ca- pability, and materiel reliability of each major weapon system by designated mission, design se- ries, variant, or class. (c) MATERIEL READINESS OBJECTIVES.—(1) Not later than one year after the date of the enact- ment of this subsection, each head of an element described in subsection (a) shall establish the metrics required by subsection (b) necessary to support the strategic framework and guidance referred to in paragraph (1) and (2) of subsection (a). (2) Annually, each head of an element de- scribed in subsection (a) shall review and revise the metrics required by subsection (b) and in- clude any such revisions in the materials sub- mitted to Congress in support of the budget of the President under section 1105 of title 31. (d) BUDGET JUSTIFICATION.—Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for a fis- cal year, the Secretary of Defense shall submit to the congressional defense committees an an- nual report on major weapons systems sustainment for the period covered by the future years defense program specified by section 221 of this title. Such report shall include— (1) an assessment of the materiel avail- ability, operational availability, and materiel reliability for each major weapon system; and (2) a detailed explanation of any factors that could preclude the Department of Defense or any of the military departments from meeting applicable readiness goals or objectives, such as infrastructure, workforce, or supply chain considerations. (e) FUNDING ESTIMATES.—Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for a fis- cal year, the Director of Cost Assessment and Performance Evaluation shall submit to the congressional defense committees a comprehen- sive estimate of the funds necessary to meet the materiel readiness objectives required by sub- section (c) through the period covered by the most recent future-years defense program. At a minimum, the Director shall provide, for each major weapon system, by designated mission de- sign series, variant, or class, a comprehensive estimate of the funds necessary to meet such ob- jectives that— (1) have been obligated by subactivity group within the operation and maintenance ac- counts for the second fiscal year preceding the budget year; (2) the Director estimates will have been ob- ligated by subactivity group within the oper- ation and maintenance accounts by the end of the fiscal year preceding the budget year; and (3) have been budgeted and programmed across the future years defense program with- in the operation and maintenance accounts by subactivity group. (f) DEFINITIONS.—In this section: (1) The term ‘‘major weapon system’’ has the meaning given in section 3455(f) of this title. (2) The term ‘‘materiel availability’’ means a measure of the percentage of the total inven- tory of a major weapon system that is oper- ationally capable of performing an assigned mission. (3) The term ‘‘materiel reliability’’ means the probability that a major weapon system will perform without failure over a specified interval. (4) The term ‘‘operational availability’’ means a measure of the percentage of time a major weapon system is operationally capable. (5) The term ‘‘operationally capable’’ means a materiel condition indicating that a major weapon system is capable of performing its as- signed mission and has no discrepancies with a subsystem of a major weapon system. (Added Pub. L. 116–92, div. A, title III, § 351(a)(1), Dec. 20, 2019, 133 Stat. 1319; amended Pub. L. 116–283, div. A, title III, § 347(a), title X, § 1081(a)(6), title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 3540, 3871, 4294; Pub. L. 117–263, div. A, title III, § 351(a), Dec. 23, 2022, 136 Stat. 2532.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 116–283, which was approved Jan. 1, 2021. PRIOR PROVISIONS A prior section 118, added Pub. L. 106–65, div. A, title IX, § 901(a)(1), Oct. 5, 1999, 113 Stat. 715; amended Pub. L. 107–107, div. A, title IX, § 921(a), Dec. 28, 2001, 115 Stat. 1198; Pub. L. 107–314, div. A, title IX, §§ 922, 923, Dec. 2, 2002, 116 Stat. 2623; Pub. L. 109–364, div. A, title X, § 1031(c)–(f), Oct. 17, 2006, 120 Stat. 2385, 2386; Pub. L. 110–181, div. A, title IX, §§ 941(b), 951(a), Jan. 28, 2008, 122 Stat. 287, 290; Pub. L. 111–84, div. A, title X, §§ 1002, 1073(a)(2), div. B, title XXVIII, § 2822(b), Oct. 28, 2009, 123 Stat. 2439, 2472, 2666; Pub. L. 111–383, div. A, title X, § 1071, Jan. 7, 2011, 124 Stat. 4364; Pub. L. 112–81, div. A, title VIII, § 820(a), title IX, § 942, Dec. 31, 2011, 125 Stat. 1501, 1548; Pub. L. 113–291, div. A, title X, §§ 1071(c)(2), (f)(1), 1072(a)(1), Dec. 19, 2014, 128 Stat. 3508, 3510, 3512, related to quadrennial defense strategy review by Sec- retary of Defense, prior to repeal by Pub. L. 114–328, div. A, title IX, § 941(b)(1), Dec. 23, 2016, 130 Stat. 2367. Another prior section 118, added Pub. L. 97–295, § 1(2)(A), Oct. 12, 1982, 96 Stat. 1288, § 133b; renumbered § 118, Pub. L. 99–433, title I, § 101(a)(2), Oct. 1, 1986, 100 Stat. 994, required reports to Congress on sales or transfers of defense articles, prior to repeal by Pub. L. 101–510, div. A, title XIII, § 1301(2), Nov. 5, 1990, 104 Stat. 1668. AMENDMENTS 2022—Subsec. (d)(2). Pub. L. 117–263, § 351(a)(1), sub- stituted ‘‘objectives, such as infrastructure, workforce, or supply chain considerations’’ for ‘‘objectives’’. Subsecs. (e), (f). Pub. L. 117–263, § 351(a)(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f). 2021—Pub. L. 116–283, § 347(a)(1), amended section catchline generally. Prior to amendment, catchline read as follows: ‘‘Annual report on major weapons sys- tems sustainment’’. Subsecs. (a) to (c). Pub. L. 116–283, § 347(a)(3), added subsecs. (a) to (c). Subsec. (d). Pub. L. 116–283, § 347(a)(2), designated ex- isting provisions as subsec. (d) and inserted heading. Subsec. (d)(1). Pub. L. 116–283, § 347(a)(4)(A), sub- stituted ‘‘operational availability, and materiel reli- ability for each major weapon system’’ for ‘‘materiel reliability, and mean down time metrics for each major weapons system’’ and inserted ‘‘and’’ at end. Subsec. (d)(3). Pub. L. 116–283, § 1081(a)(6), which di- rected inserting ‘‘and’’ after ‘‘ ‘materiel and oper- Page 129 TITLE 10—ARMED FORCES § 118a ational capability’,’’, could not be executed because of the prior amendment by section 347(a)(4)(C) of Pub. L. 116–283. See below. Pub. L. 116–283, § 347(a)(4)(C), struck out par. (3). Text read as follows: ‘‘an assessment of the validity and ef- fectiveness of the definitions used to determine defense readiness, including the terms ‘major weapons system’, ‘covered asset’, ‘total and required inventory’, ‘mate- riel and operational availability’, ‘materiel and oper- ational capability’, ‘materiel and operational reli- ability’ ’’. Subsec. (e). Pub. L. 116–283, § 347(a)(5), added subsec. (e). Subsec. (e)(1). Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 3455’’ for ‘‘section 2379’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as a note pre- ceding section 3001 of this title. PHASED IMPLEMENTATION Pub. L. 117–263, div. A, title III, § 351(b), Dec. 23, 2022, 136 Stat. 2533, provided that: ‘‘The Director of Cost As- sessment and Performance Evaluation may meet the requirements of subsection (e) of section 118 of title 10, United States Code, as added by subsection (a), through a phased submission of the funding estimates required under such subsection. In conducting a phased imple- mentation, the Director shall ensure that— ‘‘(1) for the budget request for fiscal year 2024, fund- ing estimates are provided for a representative sam- ple by military department of at least one-third of the major weapon systems; ‘‘(2) for the budget request for fiscal year 2025, fund- ing estimates are provided for an additional one-third of the major weapon systems; and ‘‘(3) full implementation for all major weapons sys- tems is completed not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for fiscal year 2026.’’ § 118a. Quadrennial quality of life review (a) REVIEW REQUIRED.—(1) The Secretary of Defense shall every four years conduct a com- prehensive examination of the quality of life of the members of the armed forces (to be known as the ‘‘quadrennial quality of life review’’). The review shall include examination of the pro- grams, projects, and activities of the Depart- ment of Defense, including the morale, welfare, and recreation activities. (2) The quadrennial quality of life review shall be designed to result in determinations, and to foster policies and actions, that reflect the pri- ority given the quality of life of members of the armed forces as a primary concern of the De- partment of Defense leadership. (b) CONDUCT OF REVIEW.—Each quadrennial quality of life review shall be conducted so as— (1) to assess quality of life priorities and issues consistent with the most recent Na- tional Security Strategy prescribed by the President pursuant to section 108 of the Na- tional Security Act of 1947 (50 U.S.C. 3043); (2) to identify actions that are needed in order to provide members of the armed forces with the quality of life reasonably necessary to encourage the successful execution of the full range of missions that the members are called on to perform under the national secu- rity strategy; and (3) to identify other actions that have the potential for improving the quality of life of the members of the armed forces. (c) CONSIDERATIONS.—The Secretary shall con- sider addressing the following matters as part of the quadrennial quality of life review: (1) Infrastructure. (2) Military construction. (3) Physical conditions at military installa- tions and other Department of Defense facili- ties. (4) Budget plans. (5) Adequacy of medical care for members of the armed forces and their dependents. (6) Adequacy of housing and the basic allow- ance for housing and basic allowance for sub- sistence. (7) Housing-related utility costs. (8) Educational opportunities and costs. (9) Length of deployments. (10) Rates of pay and pay differentials be- tween the pay of members and the pay of civil- ians. (11) Retention and recruiting efforts. (12) Workplace safety. (13) Support services for spouses and chil- dren. (14) Other elements of Department of De- fense programs and Government policies and programs that affect the quality of life of members. (15) Support services for Gold Star families. (d) SUBMISSION TO CONGRESSIONAL COMMIT- TEES.—(1) The Secretary shall submit a report on each quadrennial quality of life review to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. The report shall include the following: (A) The assumptions used in the review. (B) The results of the review, including a comprehensive discussion of how the quality of life of members of the armed forces affects the national security strategy of the United States. (2) The report shall be submitted in the year following the year in which the review is con- ducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105(a) of title 31. (Added Pub. L. 107–314, div. A, title V, § 581(a)(1), Dec. 2, 2002, 116 Stat. 2559; amended Pub. L. 113–291, div. A, title X, § 1071(c)(2), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 117–81, div. A, title X, § 1061(a)(1), (b), Dec. 27, 2021, 135 Stat. 1909.) Editorial Notes CODIFICATION Another section 118a was renumbered section 118b of this title. AMENDMENTS 2021—Pub. L. 117–81, § 1061(a)(1), which directed re- numbering of the ‘‘second section 118a’’ of this title, re- lating to quadrennial quality of life review, as section 118b of this title could not be executed because there was no second section 118a of this title after the renum-