Ill STAT. 1680 PUBLIC LAW 105-85—NOV. 18, 1997 SEC. 328. PROHIBITION OF IMPLEMENTATION OF TIERED READINESS SYSTEM. (a) PROHIBITION.— The Secretary of a military department may not implement, or be required to implement, a new readiness system for units of the Armed Forces (as outlined in sections 329 and 330), under which a military unit would be categorized into one of several categories (known as "tiers") according to the likelihood that the unit will be required to respond to a military conflict and the time in which the unit will be required to respond, if that system would have the effect of changing the methods used as of October 1, 1996, by the Armed Forces under the jurisdiction of that Secretary for determining the priorities for allocating to such military units funding, personnel, equipment, equipment maintenance, and training resources, and the associated levels of readiness of those units that result from those priorities. (b) REPORT TO CONGRESS REQUESTING WAIVER.— If the Secretary of Defense determines, following the review required by sections 329 and 330 (or any similar review), that implementation for one or more of the Armed Forces of a tiered readiness system that is prohibited by subsection (a) would be in the national security interests of the United States, the Secretary shall submit to Congress a report setting forth that determination, together with the rationale for that determination, and a request for the enactment of legislation to allow implementation of such a system. (c) RULE OF CONSTRUCTION.— Nothing in subsection (a) is intended to preclude the Secretary of Defense from taking necessary actions to maintain the combat preparedness of the active and reserve components of the Armed Forces. SEC. 329. REPORT ON MILITARY READINESS REQUIREMENTS OF THE ARMED FORCES. (a) REQUIREMENT FOR REPORT. —Not later than January 31, 1998, the Chairman of the Joint Chiefs of Staff shall submit to the congressional defense committees a report on the military readiness requirements of the active and reserve components of the Armed Forces (including combat units, combat support units, and combat service support units). The report shall assess such requirements under a tiered readiness and response system that categorizes a given unit according to the likelihood that it will be required to respond to a military conflict and the time within which it will be required to respond. (b) PREPARATION BY JCS AND COMMANDERS OF UNIFIED COM- MANDS.— The report required by subsection (a) shall be prepared jointly by the Chairman of the Joint Chiefs of Staff, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, the commander of the Special Operations Command, and the commanders of the other unified commands. (c) ASSESSMENT SCENARIO.— The report shall assess readiness requirements in a scenario that is based on the following assumptions: (1) That the Armed Forces of the United States must be capable of— (A) fighting and winning, in concert with allies, two major theater wars nearly simultaneously; and (B) deterring or defeating a strategic attack on the United States.
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