Pub. L. 105-85, div. A, tit. III, subtit. B, sec. 328

PROHIBITION OF IMPLEMENTATION OF TIERED READINESS SYSTEM.

EnactedYear: 1997Length: 268 wordsOfficial source
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.