10 U.S.C. § 118
(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—
(c) Materiel Readiness Objectives.—
(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 fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual 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—
(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 fiscal year, the Director of Cost Assessment and Performance Evaluation shall submit to the congressional defense committees a comprehensive estimate of the funds necessary to meet the materiel readiness objectives required by subsection (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, design series, variant, or class, a comprehensive estimate of the funds necessary to meet such objectives that—
(f) Definitions.— In this section:
(Added Pub. L. 116–92, div. A, title III, § 351(a)(1), , 133 Stat. 1319; amended Pub. L. 116–283, div. A, title III, § 347(a), title X, § 1081(a)(6), title XVIII, § 1883(b)(2), , 134 Stat. 3540, 3871, 4294; Pub. L. 117–263, div. A, title III, § 351(a), , 136 Stat. 2532; Pub. L. 119–60, div. A, title VIII, § 811(c)(2)(A), title XVIII, § 1803(d), , 139 Stat. 950, 1233.)
Section 113(g)(1)(B)(vii) of this title, referred to in subsec. (a)(1), was repealed and section 113(g)(1)(B)(viii) was redesignated as section 113(g)(1)(B)(vii) by Pub. L. 119–60, div. A, title IX, § 901(a)(2), , 139 Stat. 1007. Section 113(g)(1)(B)(vii), as so redesignated, relates to a strategic framework prescribed by the Secretary of Defense that guides how the Department of Defense will prioritize and integrate certain activities.
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 .
A prior section 118, added Pub. L. 106–65, div. A, title IX, § 901(a)(1), , 113 Stat. 715; amended Pub. L. 107–107, div. A, title IX, § 921(a), , 115 Stat. 1198; Pub. L. 107–314, div. A, title IX, §§ 922, 923, , 116 Stat. 2623; Pub. L. 109–364, div. A, title X, § 1031(c)–(f), , 120 Stat. 2385, 2386; Pub. L. 110–181, div. A, title IX, §§ 941(b), 951(a), , 122 Stat. 287, 290; Pub. L. 111–84, div. A, title X, §§ 1002, 1073(a)(2), div. B, title XXVIII, § 2822(b), , 123 Stat. 2439, 2472, 2666; Pub. L. 111–383, div. A, title X, § 1071, , 124 Stat. 4364; Pub. L. 112–81, div. A, title VIII, § 820(a), title IX, § 942, , 125 Stat. 1501, 1548; Pub. L. 113–291, div. A, title X, §§ 1071(c)(2), (f)(1), 1072(a)(1), , 128 Stat. 3508, 3510, 3512, related to quadrennial defense strategy review by Secretary of Defense, prior to repeal by Pub. L. 114–328, div. A, title IX, § 941(b)(1), , 130 Stat. 2367.
Another prior section 118, added Pub. L. 97–295, § 1(2)(A), , 96 Stat. 1288, § 133b; renumbered § 118, Pub. L. 99–433, title I, § 101(a)(2), , 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), , 104 Stat. 1668.
2025—Pub. L. 119–60, § 1803(d)(1), inserted “materiel readiness” before “objectives” in section catchline.
Subsec. (b). Pub. L. 119–60, § 1803(d)(2), substituted “shall establish procedures and a computation methodology to determine” for “shall address”.
Subsec. (c)(1). Pub. L. 119–60, § 1803(d)(3)(A), substituted “materiel readiness objectives for each major weapon system.” for “the metrics required by subsection (b) necessary to support the strategic framework and guidance referred to in paragraph (1) and (2) of subsection (a).”
Subsec. (c)(2). Pub. L. 119–60, § 1803(d)(3)(B), substituted “such materiel readiness objectives” for “the metrics required by subsection (b)”.
Subsec. (d)(2). Pub. L. 119–60, § 1803(d)(4), substituted “materiel readiness objectives” for “readiness goals or objectives”.
Subsec. (e). Pub. L. 119–60, § 1803(d)(5), inserted comma after “designated mission” in introductory provisions.
Subsec. (f)(1). Pub. L. 119–60, § 811(c)(2)(A), substituted “section 101(a)” for “section 3455(f)”.
Subsec. (f)(3) to (6). Pub. L. 119–60, § 1803(d)(6), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.
2022—Subsec. (d)(2). Pub. L. 117–263, § 351(a)(1), substituted “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 systems 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 existing provisions as subsec. (d) and inserted heading.
Subsec. (d)(1). Pub. L. 116–283, § 347(a)(4)(A), substituted “operational availability, and materiel reliability 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 directed inserting “and” after “ ‘materiel and operational 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 effectiveness of the definitions used to determine defense readiness, including the terms ‘major weapons system’, ‘covered asset’, ‘total and required inventory’, ‘materiel and operational availability’, ‘materiel and operational capability’, ‘materiel and operational reliability’ ”.
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”.
Amendment by 1883(b)(2) of Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Pub. L. 117–263, div. A, title III, § 351(b), , 136 Stat. 2533, provided that:
“The Director of Cost Assessment 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 implementation, the Director shall ensure that—
- “(1) for the budget request for fiscal year 2024, funding estimates are provided for a representative sample by military department of at least one-third of the major weapon systems;
- “(2) for the budget request for fiscal year 2025, funding estimates are provided for an additional one-third of the major weapon systems; and
- “(3) full implementation for all major weapons systems 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.”
1 See References in Text note below.