Sec. 201 Authority to treat military units as unavailable for deployment due to a significant readiness deficiency
Request To Treat—
In general— A member of the Joint Chiefs of Staff, other than the Chairman or Vice Chairman of the Joint Chiefs of Staff, may request the Secretary of Defense to treat a military unit of an Armed Force or Armed Forces of which such member is a chief of staff as unavailable for a scheduled deployment due to a significant readiness deficiency or deficiencies.
Units of the National Guard— For purposes of this section, a unit of the National Guard has the following as a chief of staff:
The Chief of Staff of the Army and the Chief of the National Guard Bureau, in the case of the Army National Guard of the United States.
The Chief of Staff of the Air Force and the Chief of the National Guard Bureau, in the case of the Air National Guard of the United States.
Final decision on request nondelegable— The Secretary of Defense may not delegate the final decision on any request under subsection (a).
Notice to Congress on action upon request—
Notice required— Not later than 30 days after the Secretary of Defense acts on a request under subsection (a), the Secretary shall submit to the congressional defense committees a written notice on such action.
Elements— The notice on any requested action under subsection (a) shall include the following:
The military unit covered by the requested action.
A description of the significant readiness deficiency or deficiencies providing the basis for the requested action.
The action of the Secretary.
If the military unit is treated by the Secretary as unavailable for a scheduled deployment—
a description of the scheduled deployment dates, missions, and locations for which the unit is unavailable;
a description of the actions, if any, taken to mitigate the unavailability of the unit; and
a description of the risks, if any, resulting from treating the unit as unavailable.