[USC02] 10 USC Ch. 23: MISCELLANEOUS STUDIES AND REPORTS
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10 USC Ch. 23: MISCELLANEOUS STUDIES AND REPORTS
From Title 10—ARMED FORCESSubtitle A—General Military LawPART I—ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 23—MISCELLANEOUS STUDIES AND REPORTS

Sec.
480.
Reports to Congress: submission in electronic form.
481.
Racial and ethnic issues; gender issues: surveys.
481a.
Workplace and gender relations issues: surveys of Department of Defense civilian employees.
482.
Quarterly reports: personnel and unit readiness.
[483.
Repealed.]
484.
Quarterly cyber operations briefings.
485.
Monthly counterterrorism operations briefings.
[486, 487.
Repealed.]
488.
Management and review of electromagnetic spectrum.
[489 to 491. Repealed or Renumbered.]

        

Amendments

2016Pub. L. 114–328, div. A, title X, §§1031(c), 1065(a)(2), Dec. 23, 2016, 130 Stat. 2389, 2410, substituted "Monthly counterterrorism operations briefings" for "Quarterly counterterrorism operations briefings" in item 485 and "Management and review of electromagnetic spectrum" for "Management of electromagnetic spectrum" in item 488.

2014Pub. L. 113–291, div. A, title III, §331(b), title X, §1073(a)(2), Dec. 19, 2014, 128 Stat. 3344, 3518, added item 481a and struck out item 489 "Annual report on Department of Defense operation and financial support for military museums".

2013Pub. L. 113–66, div. A, title X, §§1042(a)(2), 1072(b)(2), 1084(a)(1)(B), Dec. 26, 2013, 127 Stat. 857, 869, 871, added item 485, substituted "Management of electromagnetic spectrum" for "Management of electromagnetic spectrum: biennial strategic plan" in item 488, and struck out item 483 "Reports on transfers from high-priority readiness appropriations".

Pub. L. 112–239, div. A, title IX, §939(c), title X, §1031(b)(3)(A)(ii), Jan. 2, 2013, 126 Stat. 1888, 1918, added item 484 and struck out items 490a "Biennial assessment and report on the delivery platforms for nuclear weapons and the nuclear command and control system" and 491 "Nuclear employment strategy of the United States: reports on modification of strategy".

2011Pub. L. 112–81, div. A, title X, §§1041(c), 1046(b)(2), 1061(6)(B), (7)(B), (8)(B), (9)(B), (10)(B), Dec. 31, 2011, 125 Stat. 1575, 1579, 1583, added items 490a and 491 and struck out items 484 "Annual report on aircraft inventory", 485 "Joint and service concept development and experimentation", 486 "Quadrennial report on emerging operational concepts", 487 "Unit operations tempo and personnel tempo: annual report", and 490 "Space cadre management: biennial report".

2008Pub. L. 110–417, [div. A], title II, §241(b), Oct. 14, 2008, 122 Stat. 4398, added item 485 and struck out former item 485 "Joint warfighting experimentation".

Pub. L. 110–181, div. A, title IX, §912(b), Jan. 28, 2008, 122 Stat. 281, added item 490.

2004Pub. L. 108–375, div. A, title X, §1033(b), Oct. 28, 2004, 118 Stat. 2048, added item 489.

2003Pub. L. 108–136, div. A, title X, §1054(b), Nov. 24, 2003, 117 Stat. 1615, added item 488.

2002Pub. L. 107–314, div. A, title V, §561(a)(2), Dec. 2, 2002, 116 Stat. 2554, substituted "Racial and ethnic issues; gender issues: surveys" for "Race relations, gender discrimination, and hate group activity: annual survey and report" in item 481.

2001Pub. L. 107–107, div. A, title X, §1042(b), Dec. 28, 2001, 115 Stat. 1218, added item 480.

1999Pub. L. 106–65, div. A, title II, §241(a)(2), title III, §361(d)(3), title IX, §923(b)(2), Oct. 5, 1999, 113 Stat. 550, 575, 725, added items 486 and 487 and repealed Pub. L. 105–261, §373(d)(2). See 1998 Amendment note below.

1998Pub. L. 105–261, div. A, title IX, §923(b)(2), title X, §1069(a)(1), Oct. 17, 1998, 112 Stat. 2105, 2135, substituted "Annual report" for "Report" in item 484 and added item 485.

Pub. L. 105–261, div. A, title III, §373(d)(2), Oct. 17, 1998, 112 Stat. 1992, which directed amendment of analysis, effective June 1, 2001, by striking out item 482, was repealed by Pub. L. 106–65, div. A, title III, §361(d)(3), Oct. 5, 1999, 113 Stat. 575.

1997Pub. L. 105–85, div. A, title III, §§322(a)(2), 323(b), 324(a)(2), Nov. 18, 1997, 111 Stat. 1675, 1677, substituted "Quarterly reports: personnel and unit readiness" for "Quarterly readiness reports" in item 482 and added items 483 and 484.

1996Pub. L. 104–201, div. A, title V, §571(c)(2), title XI, §§1112(a)(1), 1123(a)(4), Sept. 23, 1996, 110 Stat. 2532, 2677, 2688, substituted "Race relations, gender discrimination, and hate group activity: annual survey and report" for "Racial and ethnic issues; biennial survey; biennial report" in item 451, renumbered chapter 22 of this title as this chapter, and redesignated items 451 and 452 as 481 and 482, respectively.

Pub. L. 104–106, div. A, title III, §361(a)(2), Feb. 10, 1996, 110 Stat. 273, added item 452.

§480. Reports to Congress: submission in electronic form

(a) Requirement.—Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium.

(b) Exception.—Subsection (a) does not apply to a report submitted in classified form.

(c) Definition.—In this section, the term "report" includes any certification, notification, or other communication in writing.

(Added Pub. L. 107–107, div. A, title X, §1042(a), Dec. 28, 2001, 115 Stat. 1218; amended Pub. L. 107–314, div. A, title X, §1042, Dec. 2, 2002, 116 Stat. 2646.)

Amendments

2002—Subsec. (a). Pub. L. 107–314 substituted "shall provide to Congress (or" for "shall, upon request by any committee of Congress to which the report is submitted or referred, provide to Congress (or each".

§481. Racial and ethnic issues; gender issues: surveys

(a) In General.—(1) The Secretary of Defense shall carry out four surveys in accordance with this section to identify and assess racial and ethnic issues and discrimination, and to identify and assess gender issues and discrimination, among members of the armed forces. Each such survey shall be conducted so as to identify and assess the extent (if any) of activity among such members that may be seen as so-called "hate group" activity.

(2) The four surveys shall be as follows:

(A) To identify and assess racial and ethnic issues and discrimination among members of the armed forces serving on active duty.

(B) To identify and assess racial and ethnic issues and discrimination among members of the armed forces in the reserve components.

(C) To identify and assess gender issues and discrimination among members of the armed forces serving on active duty.

(D) To identify and assess gender issues and discrimination members of the armed forces in the reserve components.


(3) The surveys under this section relating to racial and ethnic issues and discrimination shall be known as the "Armed Forces Workplace and Equal Opportunity Surveys". The surveys under this section relating to gender issues and discrimination shall be known as the "Armed Forces Workplace and Gender Relations Surveys".

(4) Each survey under this section shall be conducted separately from any other survey conducted by the Department of Defense.

(b) Armed Forces Workplace and Equal Opportunity Surveys.—The Armed Forces Workplace and Equal Opportunity Surveys shall be conducted so as to solicit information on racial and ethnic issues, including issues relating to harassment and discrimination, and the climate in the armed forces for forming professional relationships among members of the armed forces of various racial and ethnic groups. Both such surveys shall be conducted so as to solicit information on the following:

(1) Indicators of positive and negative trends for professional and personal relationships among members of all racial and ethnic groups.

(2) The effectiveness of Department of Defense policies designed to improve relationships among all racial and ethnic groups.

(3) The effectiveness of current processes for complaints on and investigations into racial and ethnic discrimination.


(c) Armed Forces Workplace and Gender Relations Surveys.—The Armed Forces Workplace and Gender Relations Surveys shall be conducted so as to solicit information on gender issues, including issues relating to gender-based harassment, assault, and discrimination, and the climate in the armed forces for forming professional relationships between male and female members of the armed forces. Both such surveys shall be conducted so as to solicit information on the following:

(1) Indicators of positive and negative trends for professional and personal relationships between male and female members of the armed forces.

(2) The specific types of assault that have occurred, and the number of times each respondent has been assaulted during the preceding year.

(3) The effectiveness of Department of Defense policies designed to improve professional relationships between male and female members of the armed forces.

(4) The effectiveness of current processes for complaints on and investigations into gender-based discrimination, harassment, and assault.

(5) Any other issues relating to discrimination, harassment, or assault as the Secretary of Defense considers appropriate.


(d) When Surveys Required.—(1) One of the two Armed Forces Workplace and Gender Relations Surveys shall be conducted in 2014 and then every second year thereafter and the other Armed Forces Workplace and Gender Relations Survey shall be conducted in 2015 and then every second year thereafter, so that one of the two surveys is being conducted each year.

(2) The two Armed Forces Workplace and Equal Opportunity Surveys shall be conducted at least once every four years. The two surveys may not be conducted in the same year.

(e) Reports to Congress.—Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing the results of the survey.

(f) Inapplicability to Coast Guard.—This section does not apply to the Coast Guard.

(Added Pub. L. 103–337, div. A, title V, §554(a)(1), Oct. 5, 1994, 108 Stat. 2773, §451; renumbered §481 and amended Pub. L. 104–201, div. A, title V, §571(c)(1), title XI, §1121(a), Sept. 23, 1996, 110 Stat. 2532, 2687; Pub. L. 107–314, div. A, title V, §561(a)(1), Dec. 2, 2002, 116 Stat. 2553; Pub. L. 112–239, div. A, title V, §570, Jan. 2, 2013, 126 Stat. 1752.)

Amendments

2013—Subsec. (a)(1). Pub. L. 112–239, §570(b)(1), substituted "four surveys" for "four quadrennial surveys (each in a separate year)".

Subsec. (c). Pub. L. 112–239, §570(a)(1), substituted "harassment, assault, and discrimination" for "harassment and discrimination" in introductory provisions.

Subsec. (c)(2) to (4). Pub. L. 112–239, §570(a)(2)–(4), added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and substituted "discrimination, harassment, and assault" for "discrimination" in par. (4).

Subsec. (c)(5). Pub. L. 112–239, §570(a)(5), added par. (5).

Subsec. (d). Pub. L. 112–239, §570(b)(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: "Each of the four quadrennial surveys conducted under this section shall be conducted in a different year from any other survey conducted under this section, so that one such survey is conducted during each year."

2002Pub. L. 107–314 substituted "Racial and ethnic issues; gender issues: surveys" for "Race relations, gender discrimination, and hate group activity: annual survey and report" as section catchline and amended text generally, substituting provisions requiring four quadrennial surveys and report for provisions requiring an annual survey and report.

1996Pub. L. 104–201, §1121(a), renumbered section 451 of this title as this section.

Pub. L. 104–201, §571(c)(1), substituted "Race relations, gender discrimination, and hate group activity: annual survey and report" for "Racial and ethnic issues; biennial survey; biennial report" as section catchline and amended text generally, substituting provisions requiring an annual survey and report for provisions requiring a biennial survey and report.

Effective Date of 2002 Amendment

Pub. L. 107–314, div. A, title V, §561(b), Dec. 2, 2002, 116 Stat. 2554, provided that: "The first survey under section 481 of title 10, United States Code, as amended by subsection (a)(1), shall be carried out during 2003."

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Annual Report on Status of Female Members of the Armed Forces

Pub. L. 107–314, div. A, title V, §562, Dec. 2, 2002, 116 Stat. 2554, provided that:

"(a) Requirement for Report.—The Secretary of Defense shall submit to Congress, for each of fiscal years 2002 through 2006, a report on the status of female members of the Armed Forces. Information in the annual report shall be shown for the Department of Defense as a whole and separately for each of the Army, Navy, Air Force, and Marine Corps.

"(b) Matters To Be Included.—The report for a fiscal year under subsection (a) shall include the following information:

"(1) The positions, weapon systems, and fields of skills for which, by policy, female members are not eligible for assignment, as follows:

"(A) In the report for fiscal year 2002—

"(i) an identification of each position, weapon system, and field of skills for which, by policy, female members are not eligible; and

"(ii) the rationale for the applicability of the policy to each such position, weapon system, and field.

"(B) In the report for each fiscal year after fiscal year 2002, the positions, weapon systems, and fields for which policy on the eligibility of female members for assignment has changed during that fiscal year, including a discussion of how the policy has changed and the rationale for the change.

"(2) Information on joint spouse assignments, as follows:

"(A) The number of cases in which members of the Armed Forces married to each other are in assignments to which they were jointly assigned during that fiscal year, as defined in the applicable Department of Defense and military department personnel assignment policies.

"(B) The number of cases in which members of the Armed Forces married to each other are in assignments to which they were assigned during that fiscal year, but were not jointly assigned (as so defined).

"(3) Promotion selection rates for female members, for male members, and for all personnel in the reports submitted by promotion selection boards in that fiscal year for promotion to grades E–7, E–8, and E–9, and, in the case of commissioned officers, promotion to grades O–4, O–5, and O–6.

"(4) Retention rates for female members in each grade and for male members in each grade during that fiscal year.

"(5) Selection rates for female members and for male members for assignment to grade O–6 and grade O–5 command positions in reports of command selection 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 senior 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 active-duty members, female dependents of active-duty members, and female dependents of nonactive duty members entitled to health care provided by the Department of Defense with access to, and quality of, women's health care benefits provided by the Department 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 Defense to solicit information on gender issues, including issues relating to gender-based assault, harassment, and discrimination, and the climate in the Department for forming professional relationships between male and female civilian employees of the Department.

(2) Each survey under this section shall be known as a "Department of Defense Civilian Employee Workplace and Gender Relations Survey".

(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 between male and female civilian employees of the Department of Defense.

(2) The specific types of assault on civilian employees of the Department by other personnel of the Department (including contractor personnel) 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, harassment, and discrimination involving civilian employees of the Department.

(5) Any other issues relating to assault, harassment, or discrimination involving civilian employees of the Department that the Secretary considers appropriate.


(c) Report to Congress.—Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing the results of the survey.

(Added Pub. L. 113–291, div. A, title X, §1073(a)(1), Dec. 19, 2014, 128 Stat. 3517.)

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of report 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 section 481a of title 10, United States Code (as added by this subsection), during fiscal year 2016."

§482. Quarterly reports: personnel and unit readiness

(a) Quarterly Reports Required.—Not later than 30 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. 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).

(b) Readiness Problems.—A report for the second or fourth quarter of a calendar year shall specifically describe—

(1) each readiness problem and deficiency in the ground, sea, air, space, and cyber forces, and in such other such areas as determined by the Secretary of Defense, identified using the assessments considered under subsection (c); and

(2) 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) Combatant Command Assessments.—(1) A report for the second or fourth quarter of a calendar year 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) A report for the second or fourth quarter of a calendar year under this section shall also 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, air, sea, space, and cyber forces.

(3) 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.

(e) Risk Assessment of Dependence on Contractor Support.—A report for the second or fourth quarter of a calendar year 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".

(f) Combat Support and Related Agencies Assessment.—(1) A report for the second or fourth quarter of a calendar year 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.


(g) Major Exercise Assessments.—(1) A report for the second or fourth quarter of a calendar year 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.

(h) Cannibalization Rates.—Each report under this section shall include a separate unclassified report containing the information collected pursuant to section 117(c)(7) of this title.

(i) 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.

(j) Remedial Actions.—A report for the first or third quarter of a calendar year shall include—

(1) a description of the mitigation plans of the Secretary to address readiness shortfalls and operational deficiencies identified in the report submitted for the preceding calendar quarter; and

(2) for each such shortfall or deficiency, a timeline for resolution, the cost necessary for such resolution, the mitigation strategy the Department will employ until the resolution is in place, and any legislative remedies required.

(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.)

Amendments

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).

1999Pub. 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".

1998Pub. 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).

1997Pub. 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.

1996Pub. 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]."

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.

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.

[§483. Repealed. Pub. L. 113–66, div. A, title X, §1084(a)(1)(A), Dec. 26, 2013, 127 Stat. 871]

Section, added Pub. L. 105–85, div. A, title III, §323(a), Nov. 18, 1997, 111 Stat. 1675; amended Pub. L. 106–65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, §1 [[div. A], title III, §372], Oct. 30, 2000, 114 Stat. 1654, 1654A-80, related to reports on transfers from high-priority readiness appropriations.

§484. Quarterly cyber operations briefings

(a) Briefings Required.—The Secretary of Defense shall provide to the congressional defense committees quarterly briefings on all offensive and significant defensive military operations in cyberspace carried out by the Department of Defense during the immediately preceding quarter.

(b) Elements.—Each briefing under subsection (a) shall include, with respect to the military operations in cyberspace described in such subsection, the following:

(1) An update, set forth separately for each geographic and functional command, that describes the operations carried out by the command and any hostile cyber activity directed at the command.

(2) An overview of authorities and legal issues applicable to the operations, including any relevant legal limitations.

(3) An outline of any interagency activities and initiatives relating to the operations.

(4) Any other matters the Secretary determines to be appropriate.

(Added Pub. L. 112–239, div. A, title IX, §939(a), Jan. 2, 2013, 126 Stat. 1888; amended Pub. L. 115–91, div. A, title XVI, §1632(a), Dec. 12, 2017, 131 Stat. 1738.)

Prior Provisions

A prior section 484, added Pub. L. 105–85, div. A, title III, §324(a)(1), Nov. 18, 1997, 111 Stat. 1677, which related to annual report on aircraft inventory, was repealed by Pub. L. 112–81, div. A, title X, §1061(6)(A), Dec. 31, 2011, 125 Stat. 1583.

Amendments

2017Pub. L. 115–91 designated existing provisions as subsec. (a), inserted heading, substituted "congressional defense committees" for "Committees on Armed Services of the House of Representatives and the Senate", and added subsec. (b).

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title XVI, §1632(b), Dec. 12, 2017, 131 Stat. 1738, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 12, 2017], and shall apply with respect to briefings required [to] be provided under section 484 of title 10, United States Code, on or after that date."

Initial Briefing

Pub. L. 112–239, div. A, title IX, §939(b), Jan. 2, 2013, 126 Stat. 1888, provided that: "The first briefing required under section 484 of title 10, United States Code, as added by subsection (a), shall be provided not later than March 1, 2013."

§485. Monthly counterterrorism operations briefings

(a) Briefings Required.—The Secretary of Defense shall provide to the congressional defense committees monthly briefings outlining Department of Defense counterterrorism operations and related activities.

(b) Elements.—Each briefing under subsection (a) shall include each of the following:

(1) A global update on activity within each geographic combatant command and how such activity supports the respective theater campaign plan.

(2) An overview of authorities and legal issues, including limitations.

(3) An overview of interagency activities and initiatives.

(4) Any other matters the Secretary considers appropriate.

(Added Pub. L. 113–66, div. A, title X, §1042(a)(1), Dec. 26, 2013, 127 Stat. 857; amended Pub. L. 114–328, div. A, title X, §1031(a), (b), Dec. 23, 2016, 130 Stat. 2389.)

Prior Provisions

A prior section 485, added Pub. L. 105–261, div. A, title IX, §923(b)(1), Oct. 17, 1998, 112 Stat. 2105; amended Pub. L. 106–65, div. A, title IX, §931, title X, §1067(1), Oct. 5, 1999, 113 Stat. 726, 774; Pub. L. 107–107, div. A, title IX, §922, Dec. 28, 2001, 115 Stat. 1198; Pub. L. 110–417, [div. A], title II, §241(a), Oct. 14, 2008, 122 Stat. 4395, related to biennial reports on joint and service concept development and experimentation, prior to repeal by Pub. L. 112–81, div. A, title X, §1061(7)(A), Dec. 31, 2011, 125 Stat. 1583.

Amendments

2016Pub. L. 114–328, §1031(b), substituted "Monthly" for "Quarterly" in section catchline.

Subsec. (a). Pub. L. 114–328, §1031(a), substituted "monthly" for "quarterly".

[§486. Repealed. Pub. L. 112–81, div. A, title X, §1061(8)(A), Dec. 31, 2011, 125 Stat. 1583]

Section, added Pub. L. 106–65, div. A, title II, §241(a)(1), Oct. 5, 1999, 113 Stat. 549, related to quadrennial report on emerging operational concepts.

[§487. Repealed. Pub. L. 112–81, div. A, title X, §1061(9)(A), Dec. 31, 2011, 125 Stat. 1583]

Section, added Pub. L. 106–65, div. A, title IX, §923(b)(1), Oct. 5, 1999, 113 Stat. 724; amended Pub. L. 108–136, div. A, title V, §541(c), Nov. 24, 2003, 117 Stat. 1477; Pub. L. 108–375, div. A, title X, §1084(d)(4), Oct. 28, 2004, 118 Stat. 2061, related to annual report on unit operations tempo and personnel tempo.

§488. Management and review of electromagnetic spectrum

(a) Organization.—The Secretary of Defense shall—

(1) ensure the effective organization and management of the electromagnetic spectrum used by the Department of Defense; and

(2) establish an enduring review and evaluation process that—

(A) considers all requirements relating to such spectrum; and

(B) ensures that all users of such spectrum, regardless of the classification of such uses, are involved in the decision-making process of the Department concerning the potential sharing, reassigning, or reallocating of such spectrum, or the relocation of the uses by the Department of such spectrum.


(b) Reports.—(1) From time to time as the Secretary and the Chairman of the Joint Chiefs of Staff determine useful for the effective oversight of the access by the Department to electromagnetic spectrum, but not less frequently than every two years, the Secretary and the Chairman shall jointly submit to the congressional defense committees a report on national policy plans regarding implications for such access in bands identified for study for potential reallocation, or under consideration for potential reallocation, by the Policy and Plans Steering Group established by the National Telecommunications and Information Administration.

(2) Each report under paragraph (1) shall address, with respect to the electromagnetic spectrum used by the Department that is covered by the report, the implications to the missions of the Department resulting from sharing, reassigning, or reallocating the spectrum, or relocating the uses by the Department of such spectrum, if the Secretary and the Chairman jointly determine that such sharing, reassigning, reallocating, or relocation—

(A) would potentially create a loss of essential military capability to the missions of the Department, as determined under feasibility assessments to ensure comparable capability; or

(B) would not likely be possible within the 10-year period beginning on the date of the report.

(Added Pub. L. 108–136, div. A, title X, §1054(a), Nov. 24, 2003, 117 Stat. 1615; amended Pub. L. 113–66, div. A, title X, §1072(a), (b)(1), Dec. 26, 2013, 127 Stat. 868, 869; Pub. L. 113–291, div. A, title X, §1071(f)(7), Dec. 19, 2014, 128 Stat. 3510; Pub. L. 114–328, div. A, title X, §1065(a)(1), Dec. 23, 2016, 130 Stat. 2409.)

Amendments

2016Pub. L. 114–328 amended section generally. Prior to amendment, section required Secretary of Defense, in consultation with Director of National Intelligence and Secretary of Commerce, to prepare strategic plan for the management of the electromagnetic spectrum.

2014—Subsec. (a). Pub. L. 113–291 inserted a comma after "Every three years" in introductory provisions.

2013Pub. L. 113–66, §1072(b)(1), struck out ": biennial strategic plan" after "spectrum" in section catchline.

Subsec. (a). Pub. L. 113–66, §1072(a)(1), substituted "three years" for "other year, and in time for submission to Congress under subsection (b),", inserted ", in consultation with the Director of National Intelligence and the Secretary of Commerce," after "Secretary of Defense", substituted "the national security of the United States. Each such strategic plan shall include each of the following:" for "the mission of the Department of Defense.", and added pars. (1) to (3).

Subsec. (b). Pub. L. 113–66, §1072(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 113–66, §1072(a)(3), designated existing provisions as par. (1) and added par. (2).

Pub. L. 113–66, §1072(a)(2), redesignated subsec. (b) as (c).

Issuance of Instruction or Directive

Pub. L. 114–328, div. A, title X, §1065(b), Dec. 23, 2016, 130 Stat. 2410, provided that: "The Secretary of Defense shall—

"(1) not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], issue a Department of Defense Instruction or a Department of Defense Directive to carry out section 488(a) of title 10, United States Code, as amended by subsection (a); and

"(2) upon the date of the issuance of the instruction or directive issued under paragraph (1), submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] such instruction or directive."

[§489. Repealed. Pub. L. 113–291, div. A, title III, §331(a), Dec. 19, 2014, 128 Stat. 3344]

Section, added Pub. L. 108–375, div. A, title X, §1033(a), Oct. 28, 2004, 118 Stat. 2047, related to annual report on Department of Defense operation and financial support for military museums.

[§490. Repealed. Pub. L. 112–81, div. A, title X, §1061(10)(A), Dec. 31, 2011, 125 Stat. 1583]

Section, added Pub. L. 110–181, div. A, title IX, §912(a), Jan. 28, 2008, 122 Stat. 280; amended Pub. L. 111–84, div. A, title X, §1073(a)(6), Oct. 28, 2009, 123 Stat. 2472, related to management of space cadre personnel and submission of a biennial report.

[§490a. Renumbered §492]