Sec. 572. Surveys on diversity, equity, and inclusion and annual reports on sexual assaults and racial and ethnic demographics in the military justice system

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Section 481 of title 10, United States Code, is amended— in subsection (a)— in paragraph

(1)by striking the second sentence; in paragraph

(3)by striking Equal Opportunity and inserting Diversity, Equity, and Inclusion ; in subsection (b)— in the subsection heading, by striking and inserting Equal opportunity ; Diversity, Equity, and Inclusion in the matter preceding paragraph (1), by striking Equal Opportunity and inserting Diversity, Equity, and Inclusion ; and by adding at the end the following new paragraphs: Identifying and assessing the extent of activity among such members that may be seen as hate group activity. Whether respondents have, in the preceding year— experienced or witnessed extremist, racist, anti-Semitic, islamophobic, or supremacist activity in the workplace; or reported such activity. ; in subsection (c)— by redesignating paragraph

(5)as paragraph (6); and by inserting after paragraph

(4)the following new paragraph: Identifying and assessing the extent of activity among such members that may be seen as hate group activity. ; by redesignating subsection

(f)as subsection (g); and by inserting after subsection

(e)the following new subsection: The Secretary of Defense shall— publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (e); and ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable. . Section 481a of title 10, United States Code, is amended— in subsection (b)— by redesignating paragraph

(5)as paragraph (7); and by inserting after paragraph

(4)the following new paragraphs: Identifying and assessing the extent (if any) of activity among such employees that may be seen as so-called hate group activity. Whether respondents have, in the preceding year— experienced or witnessed extremist, racist, anti-Semitic, islamophobic, or supremacist activity in the workplace; or reported such activity. ; and by adding at the end the following new subsection: The Secretary of Defense shall— publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (c); and ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable. . Section 481(b) of title 10, United States Code, as amended by paragraph

(1)of this subsection, is further amended by adding at the end the following new paragraphs: An estimate of the total number of offenses committed under each punitive article under chapter 47 of this title (the Uniform Code of Military Justice) over the period covered by the survey. For each category of offense identified under paragraph (6)— an estimate of the racial, ethnic, gender, age, and rank demographics of principals; and an estimate of the racial, ethnic, gender, age, and rank demographics of victims. . Section 593 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1415; 10 U.S.C. 480 note prec.) is repealed. The amendments made by paragraphs

(1)and

(2)shall take effect on the day after the date of the enactment of this Act. The amendments made by paragraph

(3)shall take effect on January 1, 2023. Chapter 23 of title 10, United States Code, is amended by inserting after section 485 the following new section: Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and gender demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. The report of a Secretary of a military department for an armed force under subsection

(a)shall contain the following: Statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice) during the year covered by the report, including: an estimate based on survey data from the armed forces Workplace and Diversity, Equity, and Inclusion Surveys of the number of offenses committed by members of the armed force, disaggregated by— statistical category as related to the victim; and statistical category as related to the principal; the number of offenses in the armed force that were reported to military officials, disaggregated by— statistical category as related to the victim; and statistical category as related to the principal; the number of offenses in the armed force that were investigated, disaggregated by statistical category as related to the principal; the number of offenses in which the evidence supported possible action by the Department, disaggregated by statistical category as related to the principal; the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed; the number of offenses in which non-judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal; the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal; the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial; the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial. An analysis of any disparities among race, gender, and ethnicity in the incidence, reporting, disposition, and prosecution of offenses by units, commands, and installations during the year covered by the report, including trends relating to— the prosecution of offenses; and the prevalence of offenses, set forth separately for— each installation with 5,000 or more servicemembers; the major career fields of any individuals involved in such incidents, including the fields of combat arms, aviation, logistics, maintenance, administration, and medical; in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents. The policies, procedures, and processes implemented by the Secretary concerned during the year covered by the report in response to any race, gender, or ethnicity disparities involving members of the armed force concerned. In this section: The term statistical category means each of the following categories: race; gender; ethnicity; rank; and offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice). The term principal has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice). Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the appropriate congressional committees, together with— an assessment of the information submitted to the Secretary pursuant to subsection (b)(3); such other assessments on the reports as the Assistant Inspector General established under section 554 of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) considers appropriate; and such other assessments on the reports as the Secretary of Defense considers appropriate. In this subsection, the term appropriate congressional committees means— the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate; and the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives. The Secretary of Defense shall— publish on an appropriate publicly available website of the Department of Defense the reports required by subsections

(a)and (d); and ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable. . The table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 485 the following new item: 486. Annual reports on racial and ethnic demographics in the military justice system. . Chapter 23 of title 10, United States Code, as amended by section 3, is further amended by inserting after section 486 the following new section: Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on the sexual assaults involving members of the armed forces under the jurisdiction of that Secretary during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. The report of a Secretary of a military department for an armed force under subsection

(a)shall contain the following: The number of sexual assaults committed against members of the armed force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated. The number of sexual assaults committed by members of the armed force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated. The information required by this paragraph may not be combined with the information required by paragraph (1). A synopsis of each such substantiated case, organized by offense, and, for each such case, the race and ethnicity of the victim and accused, the action taken in the case, including the type of disciplinary or administrative sanction imposed, if any, including courts-martial sentences, nonjudicial punishments administered by commanding officers pursuant to section 815 of this title (article 15 of the Uniform Code of Military Justice), and administrative separations. The policies, procedures, and processes implemented by the Secretary concerned during the year covered by the report in response to incidents of sexual assault involving members of the armed force concerned. The number of substantiated sexual assault cases in which the victim is a deployed member of the armed forces and the assailant is a foreign national, and the policies, procedures, and processes implemented by the Secretary concerned to monitor the investigative processes and disposition of such cases and any actions taken to eliminate any gaps in investigating and adjudicating such cases. A description of the implementation of the accessibility plan implemented pursuant to section 596(b) of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 10 U.S.C. 1561 note), including a description of the steps taken during that year to ensure that trained personnel, appropriate supplies, and transportation resources are accessible to deployed units in order to provide an appropriate and timely response in any case of reported sexual assault in a deployed unit, location, or environment. The number of applications submitted under section 673 of title 10, United States Code, during the year covered by the report for a permanent change of station or unit transfer for members of the armed forces on active duty who are the victim of a sexual assault or related offense, the number of applications denied, and, for each application denied, a description of the reasons why the application was denied. An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by units, commands, and installations during the year covered by the report, including trends relating to— the prosecution of incidents and avoidance of incidents; and the prevalence of incidents, set forth separately for— each installation with 5,000 or more servicemembers; the major career fields of any individuals involved in such incidents, including the fields of combat arms, aviation, logistics, maintenance, administration, and medical; and in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents. An assessment of the adequacy of sexual assault prevention and response activities carried out by training commands during the year covered by the report. An analysis of the specific factors that may have contributed to sexual assault during the year covered by the report, an assessment of the role of such factors in contributing to sexual assaults during that year, and recommendations for mechanisms to eliminate or reduce the incidence of such factors or their contributions to sexual assaults. An analysis of the disposition of the most serious offenses occurring during sexual assaults committed by members of the armed force during the year covered by the report, as identified in unrestricted reports of sexual assault by any members of the armed forces, including the numbers of reports identifying offenses that were disposed of by each of the following: Conviction by court-martial, including a separate statement of the most serious charge preferred and the most serious charge for which convicted. Acquittal of all charges at court-martial. Non-judicial punishment under section 815 of this title (article 15 of the Uniform Code of Military Justice). Administrative action, including by each type of administrative action imposed. Dismissal of all charges, including by reason for dismissal and by stage of proceedings in which dismissal occurred. Information on each claim of retaliation in connection with a report of sexual assault in the armed force made by or against a member of such armed force as follows: A narrative description of each complaint. The nature of such complaint, including whether the complainant claims professional or social retaliation. The gender of the complainant. The gender of the individual claimed to have committed the retaliation. The nature of the relationship between the complainant and the individual claimed to have committed the retaliation. The nature of the relationship, if any, between the individual alleged to have committed the sexual assault concerned and the individual claimed to have committed the retaliation. The official or office that received the complaint. The organization that investigated or is investigating the complaint. The current status of the investigation. If the investigation is complete, a description of the results of the investigation, including whether the results of the investigation were provided to the complainant. If the investigation determined that retaliation occurred, whether the retaliation was an offense under chapter 47 of this title (the Uniform Code of Military Justice). Information and data collected through formal and informal reports of sexual harassment involving members of the armed forces during the year covered by the report, as follows: The number of substantiated and unsubstantiated reports. A synopsis of each substantiated report, including the race and ethnicity of the victim and accused. The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as— conviction and sentence by court-martial; imposition of non-judicial punishment under section 815 of this title (article 15 of the Uniform Code of Military Justice); or administrative separation or other type of administrative action imposed. Information and data collected during the year covered by the report on each reported incident involving the non-consensual distribution by a person subject to chapter 47 of this title (the Uniform Code of Military Justice), of a private sexual image of another person, including the following: The number of substantiated and unsubstantiated reports. A synopsis of each substantiated report. The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as— conviction and sentence by court-martial; imposition of non-judicial punishment under section 815 this title (article 15 of the Uniform Code of Military Justice); or administrative separation or other type of administrative action imposed. In this section, the term substantiated , when used with respect to the report of an incident or offense, means that the report meets the following criteria: The victim made an unrestricted report of such incident or offense. The report was investigated by the Federal Government or a State, local, or Tribal law enforcement organization. The report was provided to the appropriate military command for consideration of action and was found to have sufficient evidence to support the command’s action against the subject. Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the appropriate congressional committees, together with— the results of assessments conducted under the evaluation plan required by section 1602(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note); an assessment of the information submitted to the Secretary pursuant to subsection (b)(11); and such other assessments on the reports as the Secretary of Defense considers appropriate. In this subsection, the term appropriate congressional committees means— the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate; and the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives. The Secretary of Defense shall— publish on an appropriate publicly available website of the Department of Defense the reports required by subsections

(a)and (d); and ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable. The Secretary of each military department shall include in the case synopses portion of each report, as described in subsection (b)(3), the following additional information: If charges are dismissed following an investigation conducted under section 832 of this title (article 32 of the Uniform Code of Military Justice), the case synopsis shall include the reason for the dismissal of the charges. If the case synopsis states that a member of the armed forces accused of committing a sexual assault was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court-martial, the case synopsis shall include the characterization (honorable, general, or other than honorable) given the service of the member upon separation. The case synopsis shall indicate whether a member of the armed forces accused of committing a sexual assault was ever previously accused of a substantiated sexual assault or was admitted to the armed forces under a moral waiver granted with respect to prior sexual misconduct. The case synopsis shall indicate the branch of the armed forces of each member accused of committing a sexual assault and the branch of the armed forces of each member who is a victim of a sexual assault. If the case disposition includes non-judicial punishment, the case synopsis shall explicitly state the nature of the punishment. The case synopsis shall indicate whether alcohol was involved in any way in a substantiated sexual assault incident. The Secretary of Defense shall ensure that the reports required under subsection

(a)for a given year are delivered to the Committees on Armed Services of the Senate and House of Representatives simultaneously with the Family Advocacy Program report for that year regarding child abuse and domestic violence, as required by section 574 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2141). The Secretary of Defense shall include, in each report under this section, information regarding a sexual assault committed by a member of the armed forces against the spouse or intimate partner of the member or another dependent of the member in addition to the annual Family Advocacy Program report as required by section 574 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2141). The information may be included as an annex to such reports. . Section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note) is repealed. Section 538 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 1561 note) is repealed. The table of sections at the beginning of chapter 23 of such title, as amended by this subsection, is further amended by inserting after the item relating to section 486 the following new item: 487. Annual reports on sexual assaults. . Except as provided in paragraph (2), the amendments made by subsections

(b)and

(c)shall take effect on the day after the date of the enactment of this Act. The requirement for the Secretary of the Air Force to submit separate reports for the Space Force under sections 486 and 487 of title 10, United States Code (as added by subsections

(b)and

(c)of this section) shall take effect on October 1, 2023 and shall apply with respect to reports required to be submitted under such sections after such date. The requirement to include the information described in subparagraphs

(A)and

(B)of section 486(b)(1) of title 10, United States Code, in the annual reports under such section shall apply with respect to reports required to be submitted after January 1, 2023.

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