108 STAT. 2760 PUBLIC LAW 103-337—OCT. 5, 1994 (B) the experience of the Army, Navy, Air Force, and Marine Corps regarding equal opportunity cases. Regulations. (3) The Secretary of the Army shall review the regulations of the Department of the Army relating to equal opportunity policy and complaint procedures and revise the regulations as the Secretary of Defense considers appropriate to strengthen the regulations in accordance with the recommendations and experience described in subparagraphs (A) and (B) of paragraph (2). (e) REPORT OF ADVISORY BOARD.—(1) The Secretary of Defense shall direct the Advisory Board on the Investigative Capability of the Department of Defense, established by the Secretary of Defense in November 1993, to include in its report to the Secretary (scheduled to be transmitted to the Secretary during December 1994)— (A) the recommendations of the Advisory Board as to whether the current Department of Defense organizational structure is adequate to oversee all investigative matters related to unlawftil discrimination, sexual harassment, and other misconduct related to the gender of the victim; and (B) recommendations as to whether additional data collection and reporting procedures are needed to enhance the ability of the Department of Defense to respond to unlawful discrimination, sexual harassment, and other misconduct related to the gender of the victim. (2) The Secretary shall transmit to Congress the report of the Advisory Board not later than 15 days after receiving the report. (f) PERFORMANCE EVALUATION STANDARDS FOR MEMBERS OF THE ARMED FORCES.— The Secretary of Defense shall ensure that Department of Defense regulations governing consideration of equal opportunity matters in evaluations of the performance of members of the Armed Forces include provisions requiring as a factor in such evaluations consideration of a member's commitment to elimination of unlawful discrimination or of sexual harassment in the Armed Forces. 10 USC 113 note. SEC. 533. ANNUAL REPORT ON PERSONNEL READINESS FACTORS BY RACE AND GENDER. (a) REQUIRED ASSESSMENT. —The Secretary of Defense shall submit to Congress an annual report on trends in recruiting, retention, and personnel readiness. (b) DATA TO BE COLLECTED. —Each annual report under subsection (a) shall include the following information with respect to the preceding fiscal year for the active components of each of the Armed Forces under the jurisdiction of the Secretary (as well as such additional information as the Secretary considers appropriate): (1) The numbers of members of the Armed Forces temporarily and permanently nondeployable and rates of temporary and permanent nondeployability, displayed by cause of nondeployability, rank, and gender. (2) The numbers and rates of complaints and allegations „ within the Armed Forces that involve gender and other unlawful discrimination and sexual harassment, and the rates of substantiation for those complaints and allegations. (3) The numbers and rates of disciplinary proceedings, displayed (A) by offense or infraction committed, (B) by gender.
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