§ 481. Racial and ethnic issues; gender issues: surveys

2,213 words·~10 min read·/usc/title-10/section-481

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(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 discrimination shall be known as the “Armed Forces Workplace and Gender Relations Surveys”.

(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 Opportunity Surveys.— The Armed Forces Workplace 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 relationships among members of the armed forces of various racial and ethnic groups. 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 among members of all racial and ethnic groups.

(2)The effectiveness of Department of Defense policies designed to improve relationships 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 Relations Surveys.— The Armed Forces Workplace 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 relationships 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 between 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 unwanted sexual contact) that give reason to believe that the victim was targeted, or discriminated against, or both, for a status in a group.

(4)The effectiveness of Department of Defense policies designed to improve professional relationships between male and female members 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 discrimination, harassment, or assault (including unwanted sexual contact) as the Secretary of Defense considers appropriate.

(d)When Surveys Required.—

(1)The Armed Forces Workplace and Gender Relations Surveys of the Active Duty and the Armed Forces Workplace and Gender Relations Survey of the Reserve 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 manner designed to reduce the burden of the surveys on members of the armed forces.

(A)The Secretary of Defense 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.

(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 earlier 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 Secretary makes such determination.

(e)Reports to Congress.— Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing 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 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.)

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