10 U.S.C. § 481 — Racial and ethnic issues; gender issues:

Page 479 TITLE 10—ARMED FORCES § 481 Editorial Notes 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 sub- mitted 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 dis- crimination shall be known as the ‘‘Armed Forces Workplace and Gender Relations Sur- veys’’. (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 OP- PORTUNITY SURVEYS.—The Armed Forces Work- place 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 re- lationships among members of the armed forces of various racial and ethnic groups. Both such surveys shall be conducted so as to solicit infor- mation 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 De- fense policies designed to improve relation- ships 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 RE- LATIONS SURVEYS.—The Armed Forces Work- place and Gender Relations Surveys shall be conducted so as to solicit information on gender issues, including issues relating to gender-based harassment, assault (including unwanted sexual contact), and discrimination, and the climate in the armed forces for forming professional rela- tionships 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 be- tween male and female members of the armed forces. (2) The specific types of assault (including unwanted sexual contact) that have occurred, and the number of times each respondent has been assaulted during the preceding year. (3) Indicators of the assault (including un- wanted sexual contact) that give reason to be- lieve that the victim was targeted, or dis- criminated against, or both, for a status in a group. (4) The effectiveness of Department of De- fense policies designed to improve professional relationships between male and female mem- bers of the armed forces. (5) The effectiveness of current processes for complaints on and investigations into gender- based discrimination, harassment, and assault (including unwanted sexual contact). (6) Any other issues relating to discrimina- tion, harassment, or assault (including un- wanted sexual contact) as the Secretary of De- fense considers appropriate. (d) WHEN SURVEYS REQUIRED.—(1) The Armed Forces Workplace and Gender Relations Surveys of the Active Duty and the Armed Forces Work- place and Gender Relations Survey of the Re- serve Components shall each be conducted once every two years. The surveys may be conducted within the same year or in two separate years, and shall be conducted in a manner designed to reduce the burden of the surveys on members of the armed forces. (2) The two Armed Forces Workplace and Equal Opportunity Surveys shall be conducted at least once every four years. The surveys may be conducted within the same year or in two separate years, and shall be conducted in a man- ner designed to reduce the burden of the surveys on members of the armed forces. (3)(A) The Secretary of Defense may postpone the conduct of a survey under this section if the Secretary determines that conducting such sur- vey is not practicable due to a war or national emergency declared by the President or Con- gress. (B) The Secretary shall ensure that a survey postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or ear- lier if the Secretary determines appropriate. (C) The Secretary shall notify Congress of a determination under subparagraph (A) not later than 30 days after the date on which the Sec- retary makes such determination. (e) REPORTS TO CONGRESS.—Upon the comple- tion of a survey under this section, the Sec- retary shall submit to Congress a report con- taining 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 Page 480 TITLE 10—ARMED FORCES § 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; Pub. L. 116–92, div. A, title V, § 591(a), Dec. 20, 2019, 133 Stat. 1414; Pub. L. 116–283, div. A, title V, § 552(a), Jan. 1, 2021, 134 Stat. 3631; Pub. L. 118–31, div. A, title V, § 591, Dec. 22, 2023, 137 Stat. 286.) Editorial Notes AMENDMENTS 2023—Subsec. (c)(3) to (6). Pub. L. 118–31 added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), re- spectively. 2021—Subsec. (d). Pub. L. 116–283 amended subsec. (d) generally. Prior to amendment, subsec. (d) provided for timing and frequency of Armed Forces Workplace and Gender Relations Surveys and Armed Forces Work- place and Equal Opportunity Surveys. 2019—Subsec. (c). Pub. L. 116–92 inserted ‘‘(including unwanted sexual contact)’’ after ‘‘assault’’ wherever appearing. 2013—Subsec. (a)(1). Pub. L. 112–239, § 570(b)(1), sub- stituted ‘‘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 ‘‘harass- ment 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 ‘‘discrimina- tion, 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 amend- ment, text read as follows: ‘‘Each of the four quadren- nial surveys conducted under this section shall be con- ducted in a different year from any other survey con- ducted under this section, so that one such survey is conducted during each year.’’ 2002—Pub. L. 107–314 substituted ‘‘Racial and ethnic issues; gender issues: surveys’’ for ‘‘Race relations, gen- der 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. 1996—Pub. L. 104–201, § 1121(a), renumbered section 451 of this title as this section. Pub. L. 104–201, § 571(c)(1), substituted ‘‘Race rela- tions, 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–92, div. A, title V, § 591(c), Dec. 20, 2019, 133 Stat. 1414, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and sec- tion 481a of this title] shall take effect on the date of the enactment of this Act [Dec. 20, 2019] and shall apply with respect to surveys under sections 481 and 481a of title 10, United States Code, that are initiated after such date.’’ 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 sec- tion 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE MEMBERS OF THE ARMED FORCES Pub. L. 117–263, div. A, title V, § 537, Dec. 23, 2022, 136 Stat. 2577, provided that: ‘‘The Secretaries of the mili- tary departments shall share and implement best prac- tices regarding the use of retention and exit survey data to identify barriers and lessons learned to improve the retention of female members of the Armed Forces under the jurisdiction of such Secretaries.’’ 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 De- fense shall submit to Congress, for each of fiscal years 2002 through 2006, a report on the status of female mem- bers of the Armed Forces. Information in the annual re- port 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 fis- cal year under subsection (a) shall include the fol- lowing 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, fe- male 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 mem- bers 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 as- signments to which they were jointly assigned dur- ing that fiscal year, as defined in the applicable De- partment of Defense and military department per- sonnel assignment policies. ‘‘(B) The number of cases in which members of the Armed Forces married to each other are in as- signments to which they were assigned during that fiscal year, but were not jointly assigned (as so de- fined). ‘‘(3) Promotion selection rates for female members, for male members, and for all personnel in the re- ports 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, pro- motion 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 selec- Page 481 TITLE 10—ARMED FORCES § 482 tion 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 sen- ior 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 ac- tive-duty members, female dependents of active-duty members, and female dependents of nonactive duty members entitled to health care provided by the De- partment of Defense with access to, and quality of, women’s health care benefits provided by the Depart- ment 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 De- fense to solicit information on gender issues, in- cluding issues relating to gender-based assault (including unwanted sexual contact), harass- ment, and discrimination, and the climate in the Department for forming professional rela- tionships between male and female civilian em- ployees of the Department. (2) Each survey under this section shall be known as a ‘‘Department of Defense Civilian Employee Workplace and Gender Relations Sur- vey’’. (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 be- tween male and female civilian employees of the Department of Defense. (2) The specific types of assault (including unwanted sexual contact) on civilian employ- ees of the Department by other personnel of the Department (including contractor per- sonnel) 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 (including unwanted sexual con- tact), harassment, and discrimination involv- ing civilian employees of the Department. (5) Any other issues relating to assault (in- cluding unwanted sexual contact), harass- ment, or discrimination involving civilian em- ployees of the Department that the Secretary considers appropriate. (c) REPORT TO CONGRESS.—Upon the comple- tion of a survey under this section, the Sec- retary shall submit to Congress a report con- taining the results of the survey. (d) POSTPONEMENT.—(1) The Secretary of De- fense may postpone the conduct of a survey under this section if the Secretary determines that conducting such survey is not practicable due to a war or national emergency declared by the President or Congress. (2) The Secretary shall ensure that a survey postponed under paragraph (1) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate. (3) The Secretary shall notify Congress of a de- termination under paragraph (1) not later than 30 days after the date on which the Secretary makes such determination. (Added Pub. L. 113–291, div. A, title X, § 1073(a)(1), Dec. 19, 2014, 128 Stat. 3517; amended Pub. L. 116–92, div. A, title V, § 591(b), Dec. 20, 2019, 133 Stat. 1414; Pub. L. 116–283, div. A, title V, § 552(c), Jan. 1, 2021, 134 Stat. 3632.) Editorial Notes AMENDMENTS 2021—Subsec. (d). Pub. L. 116–283 added subsec. (d). 2019—Subsecs. (a), (b). Pub. L. 116–92 inserted ‘‘(in- cluding unwanted sexual contact)’’ after ‘‘assault’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–92 effective Dec. 20, 2019, and applicable with respect to surveys under this sec- tion that are initiated after such date, see section 591(c) of Pub. L. 116–92, set out as a note under section 481 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of re- port 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 sec- tion 481a of title 10, United States Code (as added by this subsection), during fiscal year 2016.’’ § 482. Readiness reports (a) REPORTS AND BRIEFINGS.—(1) Not later than 30 days after the end of the second and fourth quarter of each calendar year, the Sec- retary of Defense shall submit to Congress a re- port regarding the military readiness of the ac- tive and reserve components and the Space Force. The Secretary of Defense shall submit each such report in writing and shall also sub- mit a copy of each such report to the Chairman of the Joint Chiefs of Staff. (2) Not later than 30 days after the end of the first and third quarter of each calendar year, the