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Title 10, Chapter 23

Armed Forces — 7 active sections, 6 inactive

Table of Contents (13 sections)

§ 480. Reports to Congress: submission in electronic form

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§ 480. Reports to Congress: submission in electronic form

  • (a) Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium.
  • (b) Subsection (a) does not apply to a report submitted in classified form.
  • (c) In this section, the term “report” includes any certification, notification, or other communication in writing.

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

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

  • (a)
    • (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) 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) 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) The effectiveness of Department of Defense policies designed to improve professional relationships between male and female members of the armed forces.
    • (4) The effectiveness of current processes for complaints on and investigations into gender-based discrimination, harassment, and assault (including unwanted sexual contact).
    • (5) Any other issues relating to discrimination, harassment, or assault (including unwanted sexual contact) as the Secretary of Defense considers appropriate.
  • (d)
    • (1) One of the two Armed Forces Workplace and Gender Relations Surveys shall be conducted in 2014 and then every second year thereafter and the other Armed Forces Workplace and Gender Relations Survey shall be conducted in 2015 and then every second year thereafter, so that one of the two surveys is being conducted each year.
    • (2) The two Armed Forces Workplace and Equal Opportunity Surveys shall be conducted at least once every four years. The two surveys may not be conducted in the same year.
  • (e) Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing the results of the survey.
  • (f) This section does not apply to the Coast Guard.

§ 481a. Workplace and gender relations issues: surveys of Department of Defense civilian employees

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§ 481a. Workplace and gender relations issues: surveys of Department of Defense civilian employees

  • (a)
    • (1) The Secretary of Defense shall carry out every other fiscal year a survey of civilian employees of the Department of Defense to solicit information on gender issues, including issues relating to gender-based assault (including unwanted sexual contact), harassment, and discrimination, and the climate in the Department for forming professional relationships between male and female civilian employees of the Department.
    • (2) Each survey under this section shall be known as a “Department of Defense Civilian Employee Workplace and Gender Relations Survey”.
  • (b) 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 between male and female civilian employees of the Department of Defense.
    • (2) The specific types of assault (including unwanted sexual contact) on civilian employees of the Department by other personnel of the Department (including contractor personnel) 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 contact), harassment, and discrimination involving civilian employees of the Department.
    • (5) Any other issues relating to assault (including unwanted sexual contact), harassment, or discrimination involving civilian employees of the Department that the Secretary considers appropriate.
  • (c) Upon the completion of a survey under this section, the Secretary shall submit to Congress a report containing the results of the survey.

§ 482. Readiness reports

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§ 482. Readiness reports

  • (a)
    • (1) Not later than 30 days after the end of the second and fourth quarter of each calendar year, the Secretary of Defense shall submit to Congress a report regarding the military readiness of the active and reserve components. The Secretary of Defense shall submit each such report in writing and shall also submit 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 Secretary of Defense shall provide to Congress a briefing regarding the military readiness of the active and reserve components.
    • (3) Each report under this subsection shall contain the elements required by subsection (b) for the quarter covered by the report, and each briefing shall address any changes to the elements described in subsection (b) since the submittal of the most recently submitted report.
  • (b) The elements described in this subsection are each of the following:
    • (1) A description of each readiness problem or deficiency that affects the ground, sea, air, space, cyber, or special operations forces, and any other area determined appropriate by the Secretary of Defense.
    • (2) The key contributing factors, indicators, and other relevant information related to each identified problem or deficiency.
    • (3) The short-term mitigation strategy the Department will employ to address each readiness problem or deficiency until a resolution is in place, as well as the timeline, cost, and any legislative remedies required to support the resolution.
    • (4) A summary of combat readiness ratings for the key force elements assessed, including specific information on personnel, supply, equipment, and training problems or deficiencies that affect the combat readiness ratings for each force element.
    • (5) A summary of each upgrade or downgrade of the combat readiness of a unit that was issued by the commander of the unit, together with the rationale of the commander for the issuance of such upgrade or downgrade.
    • (6) A summary of the readiness of supporting capabilities, including infrastructure, prepositioned equipment and supplies, and mobility assets, and other supporting logistics capabilities.
    • (7) A summary of the readiness of the combat support and related agencies, any readiness problem or deficiency affecting any mission essential tasks of any such agency, and actions recommended to address any such problem or deficiency.
    • (8) A list of all Class A, Class B, and Class C mishaps that occurred in operations related to combat support and training events involving aviation, ground, or naval platforms, weapons, space, or Government vehicles, as defined by Department of Defense Instruction 6055.07, or a successor instruction.
    • (9) Information on the extent to which units of the armed forces have removed serviceable parts, supplies, or equipment from one vehicle, vessel, or aircraft in order to render a different vehicle, vessel, or aircraft operational.
    • (10) Such other information as determined necessary or appropriate by the Secretary of Defense.
  • (c) The information required under subsection (b) to be included in the report for a quarter shall be based on readiness assessments that are provided during that quarter—
    • (1) to any council, committee, or other body of the Department of Defense—
      • (A) that has responsibility for readiness oversight; and
      • (B) whose membership includes at least one civilian officer in the Office of the Secretary of Defense at the level of Assistant Secretary of Defense or higher;
    • (2) by senior civilian and military officers of the military departments and the commanders of the unified and specified commands; and
    • (3) as part of any regularly established process of periodic readiness reviews for the Department of Defense as a whole.
  • (d)
    • (1) Not later than 30 days after the last day of the first and third quarter of each calendar year, the Chairman of the Joint Chiefs of Staff shall submit to Congress a written report on the capability of the armed forces, the combat support and related agencies, operational contract support, and the geographic and functional combatant commands to execute their wartime missions based upon their posture and readiness as of the time the review is conducted.
    • (2) The Chairman shall produce the report required under this subsection using information derived from the quarterly reports required by subsection (a).
    • (3) Each report required by this subsection shall include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, sea, air, space, cyber, and special operations forces.
    • (4) The Chairman shall submit to the Secretary of Defense a copy of each report under this subsection.
  • (e) A report under this section shall be submitted in unclassified form. To the extent the Secretary of Defense determines necessary, the report may also be submitted in classified form.

§ 484. Quarterly cyber operations briefings

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§ 484. Quarterly cyber operations briefings

  • (a) The Secretary of Defense shall provide to the congressional defense committees quarterly briefings on all offensive and significant defensive military operations in cyberspace carried out by the Department of Defense during the immediately preceding quarter.
  • (b) Each briefing under subsection (a) shall include, with respect to the military operations in cyberspace described in such subsection, the following:
    • (1) An update, set forth separately for each geographic and functional command, that describes the operations carried out by the command and any hostile cyber activity directed at the command.
    • (2) An overview of authorities and legal issues applicable to the operations, including any relevant legal limitations.
    • (3) An outline of any interagency activities and initiatives relating to the operations.
    • (4) An overview of the readiness of the Cyber Mission Forces to perform assigned missions that—
      • (A) address all of the abilities of such Forces to conduct cyberspace operations based on capability and capacity of personnel, equipment, training, and equipment condition—
        • (i) using both quantitative and qualitative metrics; and
        • (ii) in a way that is common to all military departments; and
      • (B) is consistent with readiness reporting pursuant to section 482 of this title .
    • (5) Any other matters the Secretary determines to be appropriate.

§ 485. Monthly counterterrorism operations briefings

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§ 485. Monthly counterterrorism operations briefings

  • (a) The Secretary of Defense shall provide to the congressional defense committees monthly briefings outlining Department of Defense counterterrorism operations and related activities.
  • (b) Each briefing under subsection (a) shall include each of the following:
    • (1) A global update on activity within each geographic combatant command and how such activity supports the respective theater campaign plan.
    • (2) An overview of authorities and legal issues, including limitations.
    • (3) An overview of interagency activities and initiatives.
    • (4) Any other matters the Secretary considers appropriate.

§ 488. Management and review of electromagnetic spectrum

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§ 488. Management and review of electromagnetic spectrum

  • (a) The Secretary of Defense shall—
    • (1) ensure the effective organization and management of the electromagnetic spectrum used by the Department of Defense; and
    • (2) establish an enduring review and evaluation process that—
      • (A) considers all requirements relating to such spectrum; and
      • (B) ensures that all users of such spectrum, regardless of the classification of such uses, are involved in the decision-making process of the Department concerning the potential sharing, reassigning, or reallocating of such spectrum, or the relocation of the uses by the Department of such spectrum.
  • (b)
    • (1) From time to time as the Secretary and the Chairman of the Joint Chiefs of Staff determine useful for the effective oversight of the access by the Department to electromagnetic spectrum, but not less frequently than every two years, the Secretary and the Chairman shall jointly submit to the congressional defense committees a report on national policy plans regarding implications for such access in bands identified for study for potential reallocation, or under consideration for potential reallocation, by the Policy and Plans Steering Group established by the National Telecommunications and Information Administration.
    • (2) Each report under paragraph (1) shall address, with respect to the electromagnetic spectrum used by the Department that is covered by the report, the implications to the missions of the Department resulting from sharing, reassigning, or reallocating the spectrum, or relocating the uses by the Department of such spectrum, if the Secretary and the Chairman jointly determine that such sharing, reassigning, reallocating, or relocation—
      • (A) would potentially create a loss of essential military capability to the missions of the Department, as determined under feasibility assessments to ensure comparable capability; or
      • (B) would not likely be possible within the 10-year period beginning on the date of the report.
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