II 

116TH CONGRESS 

2D SESSION S. 4660 

To amend titles 10 and 14, United States Code, to include certain diversityrelated requirements for the Armed Forces and the Coast Guard, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2020 

Mr. JONES introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To amend titles 10 and 14, United States Code, to include 

certain diversity-related requirements for the Armed 

Forces and the Coast Guard, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Diversity in Defense 

5 Act of 2020’’. 

6 SEC. 2. CHIEF DIVERSITY OFFICERS. 

7 (a) DEPARTMENT OF DEFENSE.— 


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1 (1) IN GENERAL.—Chapter 4 of title 10, United 

2 States Code, is amended by inserting after section 

3 132a the following new section: 

4 ‘‘§ 133. Chief Diversity Officer 

5 ‘‘(a) CHIEF DIVERSITY OFFICER.—(1) There is a 

6 Chief Diversity Officer of the Department of Defense, ap7 pointed from civilian life by the President, by and with 

8 the advice and consent of the Senate. 

9 ‘‘(2) The Chief Diversity Officer shall be appointed 

10 from among persons who have an extensive management 

11 or business background and experience with diversity and 

12 inclusion. A person may not be appointed as Chief Diver13 sity Officer within seven years after relief from active duty 

14 as a commissioned officer of a regular component of an 

15 armed force. 

16 ‘‘(b) POWERS AND DUTIES.—The Chief Diversity Of17 ficer— 

18 ‘‘(1) is responsible for policy, oversight, guid19 ance, and coordination for all matters of the Depart20 ment of Defense related to diversity and inclusion, 

21 including matters in connection with the armed 

22 forces and members of the armed forces and the ci23 vilian employees of the Department; 

24 ‘‘(2) exercises authority to direct the Secre25 taries of the military departments and the heads of 


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1 all other elements of the Department with regard to 

2 matters for which the Chief Diversity Officer has re3 sponsibility under this section; 

4 ‘‘(3) exercises authority, direction, and control 

5 over the Office of People Analytics, or any successor 

6 organization; 

7 ‘‘(4) shall establish and maintain a Department 

8 of Defense strategic plan that publicly states a di9 versity definition, vision, and goals for the Depart10 ment; 

11 ‘‘(5) shall define a set of strategic metrics that 

12 are directly linked to key organizational priorities 

13 and goals, actionable, and actively used to imple14 ment the strategic plan; 

15 ‘‘(6) shall establish training in diversity dynam16 ics and training in practices for leading diverse 

17 groups effectively; 

18 ‘‘(7) shall establish and maintain a strategic 

19 plan for diverse participation by institutions of high20 er education (including Historically Black colleges 

21 and universities and minority-serving institutions), 

22 federally funded research and development centers, 

23 and individuals in defense-related research, develop24 ment, testing, and evaluation activities; 


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1 ‘‘(8) shall establish and maintain a strategic 

2 plan for outreach to, and recruiting from, untapped 

3 locations and underrepresented demographic groups; 

4 ‘‘(9) shall conduct regular, rigorous evaluations 

5 and assessments of diversity within the Department; 

6 and 

7 ‘‘(10) shall perform such additional duties and 

8 exercise such powers as the Secretary of Defense 

9 may prescribe. 

10 ‘‘(c) PRECEDENCE IN THE DEPARTMENT OF DE11 FENSE.—(1) The Chief Diversity Officer shall report di12 rectly to the Secretary of Defense in the performance of 

13 duties under this section. 

14 ‘‘(2) The Chief Diversity Officer takes precedence in 

15 the Department of Defense after the Chief Management 

16 Officer of the Department of Defense. 

17 ‘‘(d) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘Historically Black colleges and 

19 universities’ means part B institutions (as that term 

20 is defined in section 322 of the Higher Education 

21 Act of 1965 (20 U.S.C. 1061)). 

22 ‘‘(2) The term ‘minority-serving institutions’ 

23 means institutions described in section 371(a) of the 

24 Higher Education Act of 1965 (20 U.S.C. 

25 1067q(a)).’’. 


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1 (2) CONFORMING AMENDMENTS ON PRECE2 DENCE IN OSD.—Chapter 4 of such title is further 

3 amended— 

4 (A) in section 131(b)— 

5 (i) by redesignated paragraphs (3) 

6 through (9) as paragraphs (4) through 

7 (10), respectively; and 

8 (ii) by inserting after paragraph (2) 

9 the following new paragraph (3): 

10 ‘‘(3) The Chief Diversity Officer of the Depart11 ment of Defense.’’; 

12 (B) in section 133a(c)— 

13 (i) in paragraph (1), by striking ‘‘and 

14 the Chief Information Officer of the De15 partment of Defense’’ and inserting ‘‘the 

16 Chief Information Officer of the Depart17 ment of Defense, and the Chief Diversity 

18 Officer of the Department of Defense’’; 

19 and 

20 (ii) in paragraph (2), by inserting 

21 ‘‘the Chief Diversity Officer,’’ after ‘‘the 

22 Chief Management Officer,’’; and 

23 (C) in section 133b(c)— 

24 (i) in paragraph (1), by striking ‘‘and 

25 the Chief Information Officer of the DeVerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 partment of Defense’’ and inserting ‘‘the 

2 Chief Information Officer of the Depart3 ment of Defense, and the Chief Diversity 

4 Officer of the Department of Defense’’; 

5 and 

6 (ii) in paragraph (2), by inserting 

7 ‘‘the Chief Diversity Officer,’’ after ‘‘the 

8 Chief Management Officer,’’. 

9 (3) JOINT RESPONSIBILITY WITH USD (P&R).— 

10 Section 136(b) of such title is amended by inserting 

11 ‘‘the Chief Diversity Officer and’’ after ‘‘control of 

12 the Secretary of Defense,’’. 

13 (4) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 4 of such title is 

15 amended by inserting after the item relating to sec16 tion 132a the following new item: 

‘‘133. Chief Diversity Officer.’’. 

17 (b) DEPARTMENT OF THE ARMY.— 

18 (1) IN GENERAL.—Chapter 703 of title 10, 

19 United States Code, is amended by inserting after 

20 section 7015 the following new section: 

21 ‘‘§ 7015a. Chief Diversity Officer 

22 ‘‘(a) CHIEF DIVERSITY OFFICER.—(1) There is a 

23 Chief Diversity Officer of the Department of the Army, 

24 appointed from civilian life by the President, by and with 

25 the advice and consent of the Senate. 


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1 ‘‘(2) The Chief Diversity Officer shall be appointed 

2 from among persons who have an extensive management 

3 or business background and experience with diversity and 

4 inclusion. 

5 ‘‘(b) POWERS AND DUTIES.—The Chief Diversity Of6 ficer— 

7 ‘‘(1) is responsible for policy, oversight, guid8 ance, and coordination for all matters of the Depart9 ment of the Army related to diversity and inclusion, 

10 including matters in connection with the Army and 

11 members of the Army and the civilian employees of 

12 the Department; 

13 ‘‘(2) exercises authority to direct the heads of 

14 all other elements of the Department with regard to 

15 matters for which the Chief Diversity Officer has re16 sponsibility under this section; 

17 ‘‘(3) shall establish training in diversity dynam18 ics and training in practices for leading diverse 

19 groups effectively; 

20 ‘‘(4) shall conduct regular, rigorous evaluations 

21 and assessments of diversity within the Department; 

22 and 

23 ‘‘(5) shall perform such additional duties and 

24 exercise such powers as the Secretary of the Army 

25 may prescribe.’’. 


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1 (2) PRECEDENCE IN OFFICE OF SECRETARY OF

2 THE ARMY.—Section 7014(b) of such title is amend3 ed— 

4 (A) by redesignating paragraphs (2) 

5 through (8) as paragraphs (3) through (9), re6 spectively; and 

7 (B) by inserting after paragraph (1) the 

8 following new paragraph (2): 

9 ‘‘(2) The Chief Diversity Officer of the Depart10 ment of the Army.’’. 

11 (3) DIVERSITY AND INCLUSION AMONG RE12 SPONSIBILITIES OF OFFICE OF SECRETARY OF THE

13 ARMY.—Section 7014(c)(1) of such title is amended 

14 by adding at the end the following new subpara15 graph: 

16 ‘‘(H) Diversity and inclusion.’’. 

17 (4) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 703 of such title 

19 is amended by inserting after the item relating to 

20 section 7015 the following new item: 

‘‘7015a. Chief Diversity Officer.’’. 

21 (c) DEPARTMENT OF THE NAVY.— 

22 (1) IN GENERAL.—Chapter 803 of title 10, 

23 United States Code, is amended by inserting after 

24 section 8015 the following new section: 


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1 ‘‘§ 8015a. Chief Diversity Officer 

2 ‘‘(a) CHIEF DIVERSITY OFFICER.—(1) There is a 

3 Chief Diversity Officer of the Department of the Navy, 

4 appointed from civilian life by the President, by and with 

5 the advice and consent of the Senate. 

6 ‘‘(2) The Chief Diversity Officer shall be appointed 

7 from among persons who have an extensive management 

8 or business background and experience with diversity and 

9 inclusion. 

10 ‘‘(b) POWERS AND DUTIES.—The Chief Diversity Of11 ficer— 

12 ‘‘(1) is responsible for policy, oversight, guid13 ance, and coordination for all matters of the Depart14 ment of the Navy related to diversity and inclusion, 

15 including matters in connection with the Navy and 

16 the Marine Corps and members of the Navy and the 

17 Marine Corps and the civilian employees of the De18 partment; 

19 ‘‘(2) exercises authority to direct the heads of 

20 all other elements of the Department with regard to 

21 matters for which the Chief Diversity Officer has re22 sponsibility under this section; 

23 ‘‘(3) shall establish training in diversity dynam24 ics and training in practices for leading diverse 

25 groups effectively; 


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1 ‘‘(4) shall conduct regular, rigorous evaluations 

2 and assessments of diversity within the Department; 

3 and 

4 ‘‘(5) shall perform such additional duties and 

5 exercise such powers as the Secretary of the Navy 

6 may prescribe.’’. 

7 (2) PRECEDENCE IN OFFICE OF SECRETARY OF

8 THE NAVY.—Section 8014(b) of such title is amend9 ed— 

10 (A) by redesignating paragraphs (2) 

11 through (8) as paragraphs (3) through (9), re12 spectively; and 

13 (B) by inserting after paragraph (1) the 

14 following new paragraph (2): 

15 ‘‘(2) The Chief Diversity Officer of the Depart16 ment of the Navy.’’. 

17 (3) DIVERSITY AND INCLUSION AMONG RE18 SPONSIBILITIES OF OFFICE OF SECRETARY OF THE

19 NAVY.—Section 8014(c)(1) of such title is amended 

20 by adding at the end the following new subpara21 graph: 

22 ‘‘(H) Diversity and inclusion.’’. 

23 (4) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 803 of such title 


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1 is amended by inserting after the item relating to 

2 section 8015 the following new item: 

‘‘8015a. Chief Diversity Officer.’’. 

3 (d) DEPARTMENT OF THE AIR FORCE.— 

4 (1) IN GENERAL.—Chapter 903 of title 10, 

5 United States Code, is amended by inserting after 

6 section 9015 the following new section: 

7 ‘‘§ 9015a. Chief Diversity Officer 

8 ‘‘(a) CHIEF DIVERSITY OFFICER.—(1) There is a 

9 Chief Diversity Officer of the Department of the Air 

10 Force, appointed from civilian life by the President, by 

11 and with the advice and consent of the Senate. 

12 ‘‘(2) The Chief Diversity Officer shall be appointed 

13 from among persons who have an extensive management 

14 or business background and experience with diversity and 

15 inclusion. 

16 ‘‘(b) POWERS AND DUTIES.—The Chief Diversity Of17 ficer— 

18 ‘‘(1) is responsible for policy, oversight, guid19 ance, and coordination for all matters of the Depart20 ment of the Air Force related to diversity and inclu21 sion, including matters in connection with the Air 

22 Force and the Space Force and members of the Air 

23 Force and the Space Force and the civilian employ24 ees of the Department; 


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1 ‘‘(2) exercises authority to direct the heads of 

2 all other elements of the Department with regard to 

3 matters for which the Chief Diversity Officer has re4 sponsibility under this section; 

5 ‘‘(3) shall establish training in diversity dynam6 ics and training in practices for leading diverse 

7 groups effectively; 

8 ‘‘(4) shall conduct regular, rigorous evaluations 

9 and assessments of diversity within the Department; 

10 and 

11 ‘‘(5) shall perform such additional duties and 

12 exercise such powers as the Secretary of the Air 

13 Force may prescribe.’’. 

14 (2) PRECEDENCE IN OFFICE OF SECRETARY OF

15 THE AIR FORCE.—Section 9014(b) of such title is 

16 amended— 

17 (A) by redesignating paragraphs (2) 

18 through (7) as paragraphs (3) through (8), re19 spectively; and 

20 (B) by inserting after paragraph (1) the 

21 following new paragraph (2): 

22 ‘‘(2) The Chief Diversity Officer of the Depart23 ment of the Air Force.’’. 

24 (3) DIVERSITY AND INCLUSION AMONG RE25 SPONSIBILITIES OF OFFICE OF SECRETARY OF THE


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1 AIR FORCE.—Section 8014(c)(1) of such title is 

2 amended by adding at the end the following new 

3 subparagraph: 

4 ‘‘(H) Diversity and inclusion.’’. 

5 (4) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 903 of such title 

7 is amended by inserting after the item relating to 

8 section 9015 the following new item: 

‘‘9015a. Chief Diversity Officer.’’. 

9 (e) COAST GUARD.— 

10 (1) IN GENERAL.—Chapter 3 of title 14, United 

11 States Code, is amended by adding at the end the 

12 following new section: 

13 ‘‘§ 321. Chief Diversity Officer 

14 ‘‘(a) ESTABLISHMENT.—(1) There is a Chief Diver15 sity Officer of the Coast Guard, appointed from civilian 

16 life by the President, by and with the advice and consent 

17 of the Senate. 

18 ‘‘(2) The Chief Diversity Officer shall be appointed 

19 from among persons who have an extensive management 

20 or business background and experience with diversity and 

21 inclusion. 

22 ‘‘(b) POWERS AND DUTIES.—The Chief Diversity Of23 ficer— 


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1 ‘‘(1) is responsible for policy, oversight, guid2 ance, and coordination for all matters of the Coast 

3 Guard related to diversity and inclusion; 

4 ‘‘(2) exercises authority to direct the heads of 

5 all other elements of the Coast Guard with regard 

6 to matters for which the Chief Diversity Officer has 

7 responsibility under this section; 

8 ‘‘(3) shall establish training in diversity dynam9 ics and training in practices for leading diverse 

10 groups effectively; 

11 ‘‘(4) shall conduct regular, rigorous evaluations 

12 and assessments of diversity within the Coast 

13 Guard; and 

14 ‘‘(5) shall perform such additional duties and 

15 exercise such powers as the Commandant may pre16 scribe. 

17 ‘‘(c) REPORTING.—The Chief Diversity Officer shall 

18 report directly to the Commandant in the performance of 

19 duties under this section.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 3 of such title is 

22 amended by adding at the end the following new 

23 item: 

‘‘321. Chief Diversity Officer.’’. 

24 (f) EXECUTIVE SCHEDULE MATTERS.— 


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1 (1) LEVEL II.—Section 5313 of title 5, United 

2 States Code, is amended by inserting after the item 

3 relating to the Chief Management Officer of the De4 partment of Defense the following new item: 

5 ‘‘Chief Diversity Officer of the Department of 

6 Defense.’’. 

7 (2) LEVEL III.—Section 5314 of title 5, United 

8 States Code, is amended— 

9 (A) by inserting after the item relating to 

10 the Under Secretary of the Navy the following 

11 new items: 

12 ‘‘Chief Diversity Officer of the Department 

13 of the Army. 

14 ‘‘Chief Diversity Officer of the Department 

15 of the Navy. 

16 ‘‘Chief Diversity Officer of the Department 

17 of the Air Force.’’; and 

18 (B) by adding at the following new item: 

19 ‘‘Chief Diversity Officer of the Coast 

20 Guard.’’. 

21 (g) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on February 1, 2021. 


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1 SEC. 3. DIVERSITY AND INCLUSION ADVISORY COUNCIL OF 

2 THE DEPARTMENT OF DEFENSE. 

3 (a) IN GENERAL.—Chapter 7 of title 10, United 

4 States Code, is amended by inserting before section 187 

5 the following: 

6 ‘‘§ 186. Diversity and Inclusion Advisory Council 

7 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

8 establish and maintain within the Department of Defense 

9 a council to be known as the ‘Diversity and Inclusion Advi10 sory Council of the Department of Defense’ (referred to 

11 in this section as the ‘Council’). 

12 ‘‘(b) MEMBERSHIP.— 

13 ‘‘(1) IN GENERAL.—The Council shall be com14 posed of not fewer than 22 members, including the 

15 Federal officers specified in paragraph (2), and not 

16 fewer than 12 members appointed by the Secretary 

17 from nongovernmental positions described in para18 graph (3). 

19 ‘‘(2) FEDERAL OFFICERS.—The Federal offi20 cers specified in this paragraph are the following: 

21 ‘‘(A) The Chief Diversity Officer of the 

22 Department of Defense. 

23 ‘‘(B) The Under Secretary of Defense for 

24 Personnel and Readiness. 

25 ‘‘(C) The Chief of Staff of the Army. 

26 ‘‘(D) The Chief of Naval Operations. 


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1 ‘‘(E) The Chief of Staff of the Air Force. 

2 ‘‘(F) The Chief of Space Operations. 

3 ‘‘(G) The Chief of Staff of the Air Force. 

4 ‘‘(H) The Commandant of the Marine 

5 Corps. 

6 ‘‘(I) The Commandant of the Coast Guard. 

7 ‘‘(J) The Chief of the National Guard Bu8 reau. 

9 ‘‘(3) NONGOVERNMENTAL POSITIONS.—Non10 governmental positions described in this paragraph 

11 are the following: 

12 ‘‘(A) Five presidents or chancellors of in13 stitutions of higher education, including private 

14 and public institutions representing diverse 

15 areas of the United States. 

16 ‘‘(B) Senior leaders of the defense indus17 tries of the United States. 

18 ‘‘(C) Senior leaders of veterans or military 

19 service organizations. 

20 ‘‘(D) Veterans (as defined in section 101 

21 of title 38). 

22 ‘‘(E) Others determined appropriate by the 

23 Secretary. 

24 ‘‘(4) TIMING OF APPOINTMENTS.—Appoint25 ments to the Council shall be made not later than 


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1 four months after the date of the enactment of this 

2 section. 

3 ‘‘(5) TERMS.— 

4 ‘‘(A) IN GENERAL.—Each member shall be 

5 appointed for a term of two years. 

6 ‘‘(B) VACANCIES.—Any member appointed 

7 to fill a vacancy occurring before the expiration 

8 of the term for which the member’s predecessor 

9 was appointed shall be appointed only for the 

10 remainder of that term. A member may serve 

11 after the expiration of that term until a suc12 cessor has been appointed. 

13 ‘‘(6) CHAIR AND VICE CHAIR.— 

14 ‘‘(A) CHAIR.—The Chief Diversity Officer 

15 of the Department of Defense shall be the 

16 Chair of the Council. 

17 ‘‘(B) VICE CHAIR.—The Vice Chair shall 

18 be designated by the Secretary at the time of 

19 the appointment of the members pursuant to 

20 paragraph (4), and when a vacancy of the Vice 

21 Chair occurs, as the case may be. 

22 ‘‘(c) MEETING.— 

23 ‘‘(1) MEETINGS.—The Council shall meet not 

24 fewer than four times each year at the call of the 

25 Chair or Vice Chair. 


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1 ‘‘(2) QUORUM.—Twelve members of the Coun2 cil, including six appointed under subsection (c)(2) 

3 and six appointed under subsection (c)(3), shall con4 stitute a quorum. 

5 ‘‘(d) DUTIES.—The Council shall provide advice and 

6 recommendations to the Secretary on matters concerning 

7 diversity and inclusion in the Department of Defense, re8 lating to the following: 

9 ‘‘(1) Aligning diversity and inclusion with the 

10 strategic goals of the Department. 

11 ‘‘(2) Conducting strategic outreach efforts to 

12 identify, attract, and recruit individuals that rep13 resent the demographic diversity of the United 

14 States. 

15 ‘‘(3) Developing, mentoring, and retaining a di16 verse and inclusive armed forces. 

17 ‘‘(4) Encouraging leadership development 

18 through diversity and inclusion practices and proc19 esses. 

20 ‘‘(e) COMPENSATION.— 

21 ‘‘(1) PROHIBITION ON COMPENSATION.—Except 

22 as provided in paragraph (2), members of the Coun23 cil may not receive additional pay, allowances, or 

24 benefits by reason of their service on the Council. 


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1 ‘‘(2) TRAVEL EXPENSES.—Each member shall 

2 receive travel expenses, including per diem in lieu of 

3 subsistence, in accordance with applicable provisions 

4 under subchapter I of chapter 57 of title 5. 

5 ‘‘(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

6 the request of the Council, the Secretary shall provide to 

7 the Council, on a reimbursable basis, the administrative 

8 support services necessary for the Council to carry out its 

9 responsibilities under this section. 

10 ‘‘(g) REPORTS.—Not later than 180 days after the 

11 date on which the Council holds its initial meeting under 

12 subsection (c) and annually thereafter, the Council shall 

13 submit to the congressional defense committees a report 

14 containing a detailed statement of the advice and rec15 ommendations of the Council pursuant to subsection (d).’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of chapter 7 of such title is amended by 

18 inserting before the item relating to section 187 the fol19 lowing: 

‘‘186. Diversity and Inclusion Advisory Council.’’. 

20 SEC. 4. DIVERSITY AND INCLUSION REPORTING REQUIRE21 MENTS. 

22 (a) STANDARD DIVERSITY METRICS AND ANNUAL

23 REPORTING REQUIREMENT.—Section 113 of title 10, 

24 United States Code, is amended— 

25 (1) in subsection (c)— 


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1 (A) by redesignating paragraphs (2) and 

2 (3) as paragraphs (3) and (4), respectively; and 

3 (B) by inserting after paragraph (1) the 

4 following new paragraph (2): 

5 ‘‘(2) a report from each military department on 

6 the goals, barriers, and status of diversity and inclu7 sion of that military department;’’; 

8 (2) in subsection (g)(1)(B), by inserting after 

9 clause (vi) the following new clause: 

10 ‘‘(vii) Strategic metrics and benchmarks evalu11 ating how the officer and enlisted corps reflects the 

12 eligible United States population across all armed 

13 forces and grades.’’; 

14 (3) by redesignating subsections (m) and (n) as 

15 subsections (n) and (o), respectively; and 

16 (4) by inserting after subsection (k), the fol17 lowing new subsections (l) and (m): 

18 ‘‘(l)(1) The Secretary of Defense shall establish and 

19 maintain a standard set of strategic metrics and bench20 marks toward the achievement of each of the objectives 

21 as follows: 

22 ‘‘(A) An officer and enlisted corps that reflects 

23 the eligible United States population across all 

24 armed forces and grades. 


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1 ‘‘(B) A military force that is able to prevail in 

2 its wars, prevent and deter conflict, defeat adver3 saries and succeed in a wide range of contingencies, 

4 and preserve and enhance the all-volunteer force. 

5 ‘‘(2) In implementing the requirement in paragraph 

6 (1), the Secretary shall— 

7 ‘‘(A) establish a universal data collection system 

8 to ensure comparability across each military depart9 ment; 

10 ‘‘(B) establish standard definitions of demo11 graphic groups, a common methodology, and a com12 mon reporting structure across each military depart13 ment; 

14 ‘‘(C) conduct annual barrier analyses to review 

15 demographic diversity patterns across the military 

16 life cycle, starting with accessions; and 

17 ‘‘(D) each year meet with the Secretaries of the 

18 military departments, the Chiefs of Staff of the 

19 armed forces, and the Chairman of the Joint Chiefs 

20 of Staff to assess progress towards the objectives 

21 specified in paragraph (1) and establish rec22 ommendations to meet such objectives. 

23 ‘‘(m) The Secretary shall include in each national de24 fense strategy under subsection (g)— 


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1 ‘‘(1) the demographics, disaggregated by grade, 

2 ethnicity, race, gender, and military occupational 

3 specialty, for— 

4 ‘‘(A) accession into the armed forces; 

5 ‘‘(B) the enlisted corps; 

6 ‘‘(C) the commissioned officers; 

7 ‘‘(D) graduates of the military service 

8 academies; 

9 ‘‘(E) the rate of promotion in the pro10 motion zone; 

11 ‘‘(F) the rate of promotion below the zone 

12 for promotion; 

13 ‘‘(G) the rates of retention; 

14 ‘‘(H) command selection; 

15 ‘‘(I) special assignments; 

16 ‘‘(J) career broadening assignments; 

17 ‘‘(K) aides to general officers and flag offi18 cers; and 

19 ‘‘(L) any other matter the Secretary deter20 mines appropriate; 

21 ‘‘(2) an analysis of assignment patterns by eth22 nicity, race, and gender; 

23 ‘‘(3) an analysis of attitudinal survey data by 

24 ethnicity, race, and gender; 


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1 ‘‘(4) an assessment of the available pool of 

2 qualified of Asian American, Native Hawaiian, Pa3 cific Islander, African American, Hispanic, Puerto 

4 Rican, Native American, Alaska Native, and female 

5 candidates for positions in pay grades O–9 and O– 

6 10; 

7 ‘‘(5) identification of persistent, group-specific 

8 deviations from overall averages and plans to inves9 tigate underlying causes; and 

10 ‘‘(6) summaries of progress made on previous 

11 actions.’’. 

12 (b) NATIONAL GUARD DIVERSITY REPORTING.—Sec13 tion 10504 of title 10, United States Code, is amended 

14 by adding at the end the following new subsection (d): 

15 ‘‘(d) REPORT ON DIVERSITY AND INCLUSION.—(1) 

16 Not less than once every four years, the Chief of the Na17 tional Guard Bureau shall report in writing to the Sec18 retary of Defense and Congress on the status of diversity 

19 in each State, Territory, and the District of Columbia for 

20 all grades of the Army National Guard and Air National 

21 Guard. 

22 ‘‘(2) Each report under paragraph (1) shall include— 

23 ‘‘(A) the demographics, disaggregated by State, 

24 grade, ethnicity, race, gender, and military occupa25 tional specialty, for— 


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1 ‘‘(i) accession into the National Guard; 

2 ‘‘(ii) the enlisted corps; 

3 ‘‘(iii) the commissioned officers; 

4 ‘‘(iv) the rate of promotion in the pro5 motion zone; 

6 ‘‘(v) the rate of promotion below the zone 

7 for promotion; 

8 ‘‘(vi) the rates of retention; 

9 ‘‘(vii) command selection; 

10 ‘‘(viii) special assignments; 

11 ‘‘(ix) career broadening assignments; 

12 ‘‘(x) aides to a general officer; and 

13 ‘‘(xi) any other matter the Chief of the Na14 tional Guard Bureau determines appropriate; 

15 ‘‘(B) an analysis of assignment patterns by eth16 nicity, race, and gender; 

17 ‘‘(C) an analysis of attitudinal survey data by 

18 ethnicity, race, and gender; 

19 ‘‘(D) an assessment of the available pool of 

20 qualified of Asian American, Native Hawaiian, Pa21 cific Islander, African American, Hispanic, Puerto 

22 Rican, Native American, Alaska Native, and female 

23 candidates for National Guard positions in pay 

24 grades O–9 and O–10; 


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1 ‘‘(E) identification of persistent, group-specific 

2 deviations from overall averages and plans to inves3 tigate underlying causes; and 

4 ‘‘(F) summaries of progress made on previous 

5 actions. 

6 ‘‘(3) The Chief of the National Guard Bureau shall— 

7 ‘‘(A) publish on an appropriate publicly avail8 able website of the National Guard the reports re9 quired under paragraph (1); and 

10 ‘‘(B) ensure that any data included with the re11 port is made available in a machine-readable format 

12 that is downloadable, searchable, and sortable.’’. 

13 (c) COAST GUARD DIVERSITY REPORTING.— 

14 (1) ANNUAL REPORT IN COAST GUARD AUTHOR15 IZATION REQUEST.—Section 5101(b) of title 14, 

16 United States Code, is amended— 

17 (A) by redesignating paragraphs (2) and 

18 (3) as paragraphs (3) and (4), respectively; and 

19 (B) by inserting after paragraph (1) the 

20 following new paragraph (2): 

21 ‘‘(2) the goals, barriers, and status of diversity 

22 and inclusion;’’. 

23 (2) QUADRENNIAL REPORT.—Chapter 51 of 

24 such title is amended by inserting after section 5104 

25 the following new section: 


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1 ‘‘§ 5104a. Quadrennial report on diversity and inclu2 sion 

3 ‘‘Not less than once every four years, the Secretary 

4 shall include in the Coast Guard authorization request 

5 under section 5101 of this title— 

6 ‘‘(1) the demographics, disaggregated by grade, 

7 ethnicity, race, gender, and military occupational 

8 specialty, for— 

9 ‘‘(A) accession into the Coast Guard; 

10 ‘‘(B) the enlisted corps; 

11 ‘‘(C) the commissioned officers; 

12 ‘‘(D) graduates of the Coast Guard Acad13 emy; 

14 ‘‘(E) the rate of promotion in the pro15 motion zone; 

16 ‘‘(F) the rate of promotion below the zone 

17 for promotion; 

18 ‘‘(G) the rates of retention; 

19 ‘‘(H) command selection; 

20 ‘‘(I) special assignments; 

21 ‘‘(J) career broadening assignments; 

22 ‘‘(K) aides to a flag officer; and 

23 ‘‘(L) any other matter the Secretary deter24 mines appropriate; 

25 ‘‘(2) an analysis of assignment patterns by eth26 nicity, race, and gender; 


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1 ‘‘(3) an analysis of attitudinal survey data by 

2 ethnicity, race, and gender; 

3 ‘‘(4) an assessment of the available pool of 

4 qualified of Asian American, Native Hawaiian, Pa5 cific Islander, African American, Hispanic, Puerto 

6 Rican, Native American, Alaska Native, and female 

7 candidates for Coast Guard positions in pay grades 

8 O–9 and O–10; 

9 ‘‘(5) identification of persistent, group-specific 

10 deviations from overall averages and plans to inves11 tigate underlying causes; and 

12 ‘‘(6) summaries of progress made on previous 

13 actions.’’. 

14 (3) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 51 of such title is 

16 amended by inserting after the item relating to sec17 tion 5104 the following new item: 

‘‘5104a. Quadrennial report on diversity and inclusion.’’. 

18 (d) CONSIDERATION OF DIVERSITY IN APPOINT19 MENTS OF OFFICERS TO O–9 AND O–10 GRADES.— 

20 (1) ARMY, NAVY, AIR FORCE, MARINE CORPS, 

21 AND SPACE FORCE.—Section 601 of title 10, United 

22 States Code, is amended by adding at the end the 

23 following new subsections: 

24 ‘‘(e) The Chairman of the Joint Chiefs of Staff shall 

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1 lander, African American, Hispanic, Puerto Rican, Native 

2 American, Alaska Native, and female candidates prior to 

3 recommending to the President an initial appointment to 

4 the grade of lieutenant general or vice admiral, or an ini5 tial appointment to the grade of general or admiral under 

6 subsection (a). 

7 ‘‘(f) When seeking the advice and consent of the Sen8 ate for the appointment of an officer under subsection (a), 

9 the President shall submit to the Committee on Armed 

10 Services of the Senate a certification— 

11 ‘‘(1) that all Asian American, Native Hawaiian, 

12 Pacific Islander, African American, Hispanic, Puerto 

13 Rican, Native American, Alaska Native, and female 

14 candidates were considered for appointment; and 

15 ‘‘(2) that— 

16 ‘‘(A) none of the candidates under para17 graph (1) met the qualifications needed by an 

18 officer serving in that position or office to carry 

19 out effectively the duties and responsibilities of 

20 that position or office; or 

21 ‘‘(B) the officers currently serving in the 

22 positions designated under subsection (a) rep23 resent the diversity of the armed forces to the 

24 extent practicable.’’. 


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1 (2) O–9 GRADES IN COAST GUARD.—Section 

2 305(a) of title 14, United States Code, is amended 

3 by adding at the end the following new paragraphs: 

4 ‘‘(4) The Commandant shall consider all Asian Amer5 ican, Native Hawaiian, Pacific Islander, African Amer6 ican, Hispanic, Puerto Rican, Native American, Alaska 

7 Native, and female candidates prior to recommending to 

8 the President an initial appointment to the grade of vice 

9 admiral under this subsection. 

10 ‘‘(5) When seeking the advice and consent of the Sen11 ate for the appointment of an officer under paragraph (2), 

12 the President shall submit to the committee of the Senate 

13 with jurisdiction over the department in which the Coast 

14 Guard is operating a certification— 

15 ‘‘(A) that all Asian American, Native Hawaiian, 

16 Pacific Islander, African American, Hispanic, Puerto 

17 Rican, Native American, Alaska Native, and female 

18 candidates were considered for appointment; and 

19 ‘‘(B) that— 

20 ‘‘(i) none of the candidates under subpara21 graph (A) met the qualifications needed by an 

22 officer serving in that position or office to carry 

23 out effectively the duties and responsibilities of 

24 that position or office; or 


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1 ‘‘(ii) the officers currently serving in the 

2 positions designated under paragraph (1) rep3 resent the diversity of the Coast Guard to the 

4 extent practicable.’’. 

5 SEC. 5. REPORT ON DEMOGRAPHICS OF OFFICERS AP6 POINTED TO CERTAIN GRADES. 

7 Not later than the first October 1 to occur after the 

8 date of the enactment of this Act, and annually thereafter, 

9 each Secretary of a military department shall submit to 

10 the Committees on Armed Services of the Senate and the 

11 House of Representatives a report summarizing the gen12 der and race of each individual who received an appoint13 ment under section 531 or 601 of title 10, United States 

14 Code, during the immediately preceding fiscal year. 

15 SEC. 6. MENTORING AND CAREER COUNSELING PROGRAM. 

16 (a) PROGRAM REQUIRED.— 

17 (1) IN GENERAL.—Chapter 107 of title 10, 

18 United States Code, is amended by adding at the 

19 end the following new section: 

20 ‘‘§ 2158. Mentoring and career counseling program 

21 ‘‘(a) IN GENERAL.—The Secretary of Defense, in co22 ordination with the Secretaries of the military depart23 ments and the Chief Diversity Officer, shall carry out a 

24 program for mentoring and career counseling that— 


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1 ‘‘(1) ensures that the occupancy of each mili2 tary occupational specialty and career field reflects 

3 the demographics of the armed forces; and 

4 ‘‘(2) ensures that the membership of each grade 

5 of each armed force reflects the demographics of the 

6 armed forces. 

7 ‘‘(b) PROGRAM DESCRIPTION AND COMPONENTS.— 

8 The program under subsection (a) shall— 

9 ‘‘(1) include mentoring and career counseling 

10 efforts that start prior to the initial career field deci11 sion point and continue throughout the career of 

12 each participating member; 

13 ‘‘(2) provide guidance on accession into the 

14 military occupational specialties and career fields 

15 that experience the highest rates and greatest num16 ber of promotions to a grade above O–6; and 

17 ‘‘(3) promote information regarding career 

18 choices, including opportunities in the reserve com19 ponents, to optimize the ability of a participating 

20 member to make informed career choices from acces21 sion to retirement. 

22 ‘‘(c) EVALUATION METRICS.—The Secretary shall es23 tablish and maintain metrics to evaluate the effectiveness 

24 of the program under this section.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 107 of such title 

3 is amended by at the end the following new item: 

‘‘2158. Mentoring and career counseling program.’’. 

4 (b) INTERIM REPORT.— 

5 (1) REPORT REQUIRED.—Not later than 120 

6 days after the date of the enactment of this Act, the 

7 Secretary of Defense shall submit to the congres8 sional defense committees a report on the implemen9 tation of section 2158 of title 10, United States 

10 Code, as added by subsection (a). 

11 (2) ELEMENTS.—The report under paragraph 

12 (1) shall include the following: 

13 (A) A description and assessment of the 

14 manner in which the Department of Defense 

15 shall implement the program under subsection 

16 (a) of such section 2158. 

17 (B) The initial evaluation metrics devel18 oped under subsection (c) of such section 2158. 

19 (C) An explanation of whether the pro20 gram will be carried out as part of another pro21 gram of the Department or through the estab22 lishment of a separate program. 

23 (D) A comprehensive description of the ad24 ditional personnel, resources, and training that 

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1 cluding identification of the specific number of 

2 additional billets that will be needed to staff the 

3 program. 

4 (E) Recommendations of the Secretary for 

5 additional legislation that the Secretary deter6 mines necessary to effectively and efficiently im7 plement the program. 

8 (c) ANNUAL REPORT.— 

9 (1) REPORT REQUIRED.—Not later than Octo10 ber 1, 2022, and annually thereafter for three years, 

11 the Secretary of Defense shall submit to the con12 gressional defense committees a report on the pro13 gram under section 2158 of title 10, United States 

14 Code, as added by subsection (a). 

15 (2) ELEMENTS.—Each report under paragraph 

16 (1) shall include, disaggregated by Armed Force, the 

17 following: 

18 (A) The most current evaluation metrics 

19 developed under subsection (c) of such section 

20 2158. 

21 (B) The number of individuals, 

22 disaggregated by grade, ethnicity, race, and 

23 gender, who were eligible for participation in 

24 the program. 


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1 (C) An assessment of the effectiveness of 

2 the program in advancing the careers of minor3 ity commissioned officers. 

4 (d) PUBLICATION.—The Secretary of Defense shall— 

5 (1) publish on an appropriate publicly available 

6 website of the Department of Defense the reports re7 quired by subsections (b) and (c); and 

8 (2) ensure that any data included with each 

9 such report is made available in a machine-readable 

10 format that is downloadable, searchable, and sort11 able. 

12 (e) IMPLEMENTATION DATE.—The Secretary of De13 fense shall implement the program under section 2158 of 

14 title 10, United States Code, as added by subsection (a), 

15 not later than one year after the date of the enactment 

16 of this Act. 

17 (f) DEFINITIONS.—In this section: 

18 (1) The term ‘‘congressional defense commit19 tees’’ has the meaning given that term in section 

20 101(a)(16) of title 10, United States Code. 

21 (2) The term ‘‘minority person’’ means any in22 dividual who is a citizen of the United States and 

23 who is— 

24 (A) Asian American; 

25 (B) Native Hawaiian; 


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1 (C) a Pacific Islander; 

2 (D) African American; 

3 (E) Hispanic; 

4 (F) Puerto Rican; 

5 (G) Native American; 

6 (H) an Alaska Native; or 

7 (I) female. 

8 (3) The term ‘‘minority commissioned officer’’ 

9 means any commissioned officer who is a minority 

10 person. 

11 (4) The term ‘‘machine-readable’’ has the 

12 meaning given that term in section 3502(18) of title 

13 44, United States Code. 

14 SEC. 7. DIVERSITY IN SELECTION BOARDS AND RECORD 

15 KEEPING BY SELECTION BOARDS. 

16 (a) DIVERSE MEMBERSHIP.— 

17 (1) ACTIVE DUTY SELECTION BOARDS.— 

18 (A) OFFICERS.—Section 612(a)(1) of title 

19 10, United States Code, is amended by adding 

20 at the end the following new sentence: ‘‘The 

21 members of a selection board shall represent 

22 the diversity of the armed forces to the extent 

23 practicable.’’. 

24 (B) WARRANT OFFICERS.—Section 573(b) 

25 of such title is amended by adding at the end 


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1 the following new sentence: ‘‘The members of a 

2 selection board shall represent the diversity of 

3 the armed forces to the extent practicable.’’. 

4 (2) RESERVE COMPONENTS SELECTION

5 BOARDS.—Section 14102(b) of such title is amended 

6 by adding at the end the following new sentence: 

7 ‘‘The members of a selection board shall represent 

8 the diversity of the armed forces to the extent prac9 ticable.’’. 

10 (3) OTHER SELECTION BOARDS.— 

11 (A) IN GENERAL.—The Secretary of De12 fense shall ensure that the members of each se13 lection board described in subparagraph (B) 

14 represent the diversity of the armed forces to 

15 the extent practicable. 

16 (B) SELECTION BOARD DESCRIBED.—A 

17 selection board described in this subparagraph 

18 is any selection board used with respect to the 

19 promotion, education, or command assignments 

20 of members of the Armed Forces that is not 

21 covered by the amendments made by this sub22 section. 

23 (b) RECORD KEEPING.— 

24 (1) ACTIVE DUTY SELECTION BOARD

25 RECORDS.—Section 618 of title 10, United States 


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1 Code, is amended by adding at the end the following 

2 new subsection: 

3 ‘‘(h) The Secretary concerned shall require that the 

4 following information be retained for a period of not less 

5 than 10 years: 

6 ‘‘(1) An appointment to a selection board under 

7 section 612 of this title. 

8 ‘‘(2) Information furnished to a selection board 

9 under section 615 of this title. 

10 ‘‘(3) Each report of a selection board submitted 

11 under section 617(a) of this title. 

12 ‘‘(4) Actions taken under this section.’’. 

13 (2) OTHER SELECTION BOARDS.— 

14 (A) IN GENERAL.—The Secretary of De15 fense shall ensure the following information as16 sociated with a selection board described in sub17 paragraph (B) be retained for a period of not 

18 less than 10 years: 

19 (i) An appointment to the selection 

20 board. 

21 (ii) Information furnished to the selec22 tion board. 

23 (iii) Each report of the selection 

24 board. 


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1 (iv) Actions taken in response to a re2 port described by clause (iii). 

3 (B) SELECTION BOARD DESCRIBED.—A 

4 selection board described in this subparagraph 

5 is any selection board used with respect to the 

6 promotion, education, or command assignments 

7 of members of the Armed Forces that is not 

8 covered by the amendment made by paragraph 

9 (1). 

10 SEC. 8. REDACTION OF PERSONALLY IDENTIFIABLE INFOR11 MATION FROM RECORDS FURNISHED TO A 

12 PROMOTION BOARD. 

13 (a) ACTIVE-DUTY OFFICERS.—Section 615(b) of title 

14 10, United States Code, is amended— 

15 (1) by redesignating paragraphs (1) through 

16 (6) as subparagraphs (A) through (F), respectively; 

17 (2) in the matter preceding subparagraph (A), 

18 as redesignated by paragraph (1), by inserting ‘‘(1)’’ 

19 before ‘‘The Secretary’’; 

20 (3) in subparagraph (C), as so redesignated, by 

21 striking ‘‘whose name is furnished to the board’’ and 

22 inserting ‘‘under consideration by the board for pro23 motion’’; 

24 (4) by striking subparagraph (B), as so redesig25 nated, and further redesignating subparagraphs (C) 


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1 through (F), as so redesignated, as subparagraphs 

2 (B) through (E), respectively; and 

3 (5) by adding at the end the following new 

4 paragraph: 

5 ‘‘(2) The Secretary of the military department con6 cerned shall redact any personally identifiable information 

7 from the information furnished to a selection board under 

8 this section.’’. 

9 (b) RESERVE OFFICERS.—Section 14107(b) of title 

10 10, United States Code, is amended— 

11 (1) by redesignating paragraphs (1) through 

12 (5) as subparagraphs (A) through (E), respectively; 

13 (2) in the matter preceding subparagraph (A), 

14 as redesignated by paragraph (1), by inserting ‘‘(1)’’ 

15 before ‘‘The Secretary’’; 

16 (3) in subparagraph (C), as so redesignated, by 

17 striking ‘‘whose name is furnished to the board’’ and 

18 inserting ‘‘under consideration by the board for pro19 motion’’; 

20 (4) by striking subparagraph (B), as so redesig21 nated, and further redesignating subparagraphs (C) 

22 through (E), as so redesignated, as subparagraphs 

23 (B) through (D), respectively; and 

24 (5) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(2) The Secretary of the military department con2 cerned shall redact any personally identifiable information 

3 from the information furnished to a promotion board 

4 under this section.’’. 

5 (c) ENLISTED MEMBERS.—Each Secretary of a mili6 tary department shall prescribe regulations that require 

7 the redaction of any personally identifiable information 

8 from the information furnished to a board that considers 

9 for promotion an enlisted member of an Armed Force 

10 under the jurisdiction of that Secretary. 

11 SEC. 9. PLANS TO INCREASE FEMALE AND MINORITY REP12 RESENTATION IN THE ARMED FORCES. 

13 (a) PLANS REQUIRED.—The Secretary of Defense 

14 and each Secretary of a military department shall develop 

15 plans to increase, with respect to female and minority 

16 members of the Armed Forces under the jurisdiction of 

17 that Secretary, the following: 

18 (1) Recruitment. 

19 (2) Retention. 

20 (3) Representation in grades above E–7. 

21 (b) ELEMENTS.—Each plan developed under this sec22 tion shall include clearly defined goals, performance meas23 ures, and timeframes. 

24 (c) GOALS.—A goal under subsection (b) shall be to 

25 exceed, by not less than 100 percent, the rate at which 


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1 the number of members described in subsection (a)(3) in2 creased during the five years immediately preceding the 

3 date of the enactment of this Act. 

4 (d) SUBMITTAL.—Not later than 180 days after the 

5 date of the enactment of this Act, the Secretary of Defense 

6 and each Secretary of a military department shall submit 

7 to the Committees on Armed Services of the Senate and 

8 the House of Representatives a copy of each plan devel9 oped under this section by that Secretary. 

10 (e) REPORT.—Three months after submitting a plan 

11 under subsection (d), and quarterly thereafter for five 

12 years, each Secretary of a military department shall sub13 mit to the Committees on Armed Services of the Senate 

14 and the House of Representatives a report indicating the 

15 number of female and minority members in grades above 

16 E–7 in each Armed Force under the jurisdiction of that 

17 Secretary. 

18 SEC. 10. SPECIAL INSPECTOR GENERAL FOR RACIAL AND 

19 ETHNIC DISPARITIES IN THE ARMED FORCES 

20 AND OTHER INSPECTOR GENERAL MATTERS. 

21 (a) SPECIAL INSPECTOR GENERAL FOR RACIAL AND

22 ETHNIC DISPARITIES IN THE ARMED FORCES.— 

23 (1) PURPOSES.—The purposes of this section 

24 are the following: 


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1 (A) To provide for the independent and ob2 jective conduct and supervision of audits and 

3 investigations relating to racial and ethnic dis4 parities in military personnel and military jus5 tice systems, and White supremacy among mili6 tary personnel. 

7 (B) To provide recommendations to the 

8 Secretary of Defense and to Congress on ac9 tions necessary to eliminate racial and ethnic 

10 disparities in military personnel and military 

11 justice systems. 

12 (2) OFFICE OF INSPECTOR GENERAL.—To 

13 carry out the purposes specified in paragraph (1), 

14 there is hereby established in the Department of De15 fense the Office of the Special Inspector General for 

16 Racial and Ethnic Disparities in the Armed Forces. 

17 (3) APPOINTMENT OF INSPECTOR GENERAL.— 

18 (A) NOMINATION; APPOINTMENT.—The 

19 head of the Office of the Special Inspector Gen20 eral for Racial and Ethnic Disparities in the 

21 Armed Forces is the Special Inspector General 

22 for Racial and Ethnic Disparities (in this sec23 tion referred to as the ‘‘Inspector General’’), 

24 who shall be appointed by the President, by and 

25 with the advice and consent of the Senate. 


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1 (B) QUALIFICATIONS.—The appointment 

2 of the Inspector General shall be made solely on 

3 the basis of integrity and demonstrated ability 

4 in accounting, auditing, financial analysis, law, 

5 management analysis, public administration, or 

6 investigations. 

7 (C) DEADLINE FOR NOMINATION.—The 

8 first nomination of an individual as Inspector 

9 General shall be made not later than 90 days 

10 after the date of the enactment of this Act. 

11 (D) COMPENSATION.—The annual rate of 

12 basic pay of the Inspector General shall be the 

13 annual rate of basic pay provided for positions 

14 at level IV of the Executive Schedule under sec15 tion 5315 of title 5, United States Code. 

16 (E) PROHIBITION ON POLITICAL ACTIVI17 TIES.—For purposes of section 7324 of title 5, 

18 United States Code, the Inspector General shall 

19 not be considered an employee who determines 

20 policies to be pursued by the United States in 

21 the nationwide administration of Federal law. 

22 (F) REMOVAL.—The Inspector General 

23 shall be removable from office in accordance 

24 with the provisions of section 3(b) of the In25 spector General Act of 1978 (5 U.S.C. App.). 


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1 (4) ASSISTANT INSPECTOR GENERAL.—The In2 spector General shall, in accordance with applicable 

3 laws and regulations governing the civil service, ap4 point an Assistant Inspector General for Military 

5 Justice who shall have the responsibility for auditing 

6 and investigation activities relating to racial and eth7 nic disparities within the military justice system. 

8 (5) SUPERVISION.— 

9 (A) IN GENERAL.—Except as provided in 

10 subparagraph (B), the Inspector General shall 

11 report directly to, and be under the general su12 pervision of, the Secretary of Defense. 

13 (B) INDEPENDENCE TO CONDUCT INVES14 TIGATIONS AND AUDITS.—No officer of the De15 partment of Defense shall prevent or prohibit 

16 the Inspector General from initiating, carrying 

17 out, or completing any audit or investigation re18 lated to racial and ethnic disparities or from 

19 issuing any subpoena during the course of any 

20 such audit or investigation. 

21 (6) DUTIES.— 

22 (A) OVERSIGHT OF MILITARY JUSTICE.—It 

23 shall be the duty of the Inspector General to 

24 conduct, supervise, and coordinate audits and 

25 investigations of— 


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1 (i) the effect of military justice poli2 cies and practices on racial and ethnic dis3 parities, including overrepresentation of 

4 minorities in actions related to investiga5 tions, courts-martial, nonjudicial punish6 ments, and other military justice actions as 

7 determined by the Inspector General; 

8 (ii) the effect of military personnel 

9 policies and practices, including recruiting, 

10 accessions, and promotions, on racial and 

11 ethnic disparities, including underrepresen12 tation of minorities among members of the 

13 Armed Forces under the jurisdiction of the 

14 Secretary of a military department in 

15 grades above E–7; 

16 (iii) the scope and efficacy of existing 

17 diversity and inclusion offices and pro18 grams within the Department of Defense; 

19 and 

20 (iv) White supremacist activities 

21 among military personnel and any other 

22 issues, determined by the Inspector Gen23 eral, necessary to address racial and ethnic 

24 disparities within the Armed Forces under 


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1 the jurisdiction of the Secretary of a mili2 tary department. 

3 (B) OTHER DUTIES RELATED TO OVER4 SIGHT.—The Inspector General shall establish, 

5 maintain, and oversee such systems, procedures, 

6 and controls as the Inspector General considers 

7 appropriate to discharge the duties under sub8 paragraph (A). 

9 (C) DUTIES AND RESPONSIBILITIES

10 UNDER INSPECTOR GENERAL ACT OF 1978.—In 

11 addition to the duties specified in subpara12 graphs (A) and (B), the Inspector General shall 

13 also have the duties and responsibilities of in14 spectors general under the Inspector General 

15 Act of 1978. 

16 (D) COORDINATION OF EFFORTS.—In car17 rying out the duties, responsibilities, and au18 thorities of the Inspector General under this 

19 subsection, the Inspector General shall coordi20 nate with, and receive the cooperation of each 

21 of the following: 

22 (i) The Inspector General of the De23 partment of Defense. 

24 (ii) The Inspector General of the 

25 Army. 


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1 (iii) The Inspector General of the 

2 Navy. 

3 (iv) The Inspector General of the Air 

4 Force. 

5 (7) POWERS AND AUTHORITIES.— 

6 (A) AUTHORITIES UNDER INSPECTOR GEN7 ERAL ACT OF 1978.—In carrying out the duties 

8 specified in paragraph (6), the Inspector Gen9 eral shall have the authorities provided in sec10 tion 6 of the Inspector General Act of 1978. 

11 (B) AUDIT STANDARDS.—The Inspector 

12 General shall carry out the duties specified in 

13 paragraph (6)(A) in accordance with section 

14 4(b)(1) of the Inspector General Act of 1978. 

15 (8) PERSONNEL, FACILITIES, AND OTHER RE16 SOURCES.— 

17 (A) PERSONNEL.—The Inspector General 

18 may select, appoint, and employ such officers 

19 and employees as may be necessary for carrying 

20 out the duties of the Inspector General, subject 

21 to the provisions of title 5, United States Code, 

22 governing appointments in the competitive serv23 ice, and the provisions of chapter 51 and sub24 chapter III of chapter 53 of such title, relating 


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1 to classification and General Schedule pay 

2 rates. 

3 (B) EMPLOYMENT OF EXPERTS AND CON4 SULTANTS.—The Inspector General may obtain 

5 services as authorized by section 3109 of title 

6 5, United States Code, at daily rates not to ex7 ceed the equivalent rate prescribed for grade 

8 GS–15 of the General Schedule by section 5332 

9 of such title. 

10 (C) CONTRACTING AUTHORITY.—To the 

11 extent and in such amounts as may be provided 

12 in advance by appropriations Acts, the Inspec13 tor General may enter into contracts and other 

14 arrangements for audits, studies, analyses, and 

15 other services with public agencies and with pri16 vate persons, and make such payments as may 

17 be necessary to carry out the duties of the In18 spector General. 

19 (D) RESOURCES.—The Secretary of De20 fense, as appropriate, shall provide the Inspec21 tor General with appropriate and adequate of22 fice space at appropriate locations of the De23 partment of Defense, together with such equip24 ment, office supplies, and communications fa25 cilities and services as may be necessary for the 


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1 operation of such offices, and shall provide nec2 essary maintenance services for such offices and 

3 the equipment and facilities located therein. 

4 (E) ASSISTANCE FROM FEDERAL AGEN5 CIES.— 

6 (i) IN GENERAL.—Upon request of 

7 the Inspector General for information or 

8 assistance from any department, agency, 

9 or other entity of the Federal Government, 

10 the head of such entity shall, insofar as is 

11 practicable and not in contravention of any 

12 existing law, furnish such information or 

13 assistance to the Inspector General, or an 

14 authorized designee. 

15 (ii) REPORTING OF REFUSED ASSIST16 ANCE.—Whenever information or assist17 ance requested by the Inspector General is, 

18 in the judgment of the Inspector General, 

19 unreasonably refused or not provided, the 

20 Inspector General shall report the cir21 cumstances to the Secretary of Defense, as 

22 appropriate, and to the appropriate con23 gressional committees without delay. 

24 (9) REPORTS.— 


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1 (A) QUARTERLY REPORTS.—Not later 

2 than 30 days after the end of each fiscal-year 

3 quarter, the Inspector General shall submit to 

4 the Secretary of Defense and the congressional 

5 defense committees a report summarizing the 

6 activities of the Inspector General for the pre7 vious quarter. 

8 (B) ANNUAL REPORTS.—The Inspector 

9 General shall submit to the Secretary of De10 fense and the congressional defense committees 

11 each year a report presenting recommendations 

12 for changes to policy, practice, regulation, and 

13 statute to eliminate disparities within the mili14 tary personnel and military justice systems and 

15 to eliminate White supremacist activities among 

16 military personnel. 

17 (C) OCCASIONAL REPORTS.—The Inspector 

18 General may, from time to time, submit addi19 tional reports containing findings and rec20 ommendations at the discretion of the Inspector 

21 General. 

22 (D) ONLINE PUBLICATION.—The Inspector 

23 General shall publish each report under this 

24 paragraph on a publicly available website not 

25 later than seven days after submission to the 


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1 Secretary of Defense and the congressional de2 fense committees. 

3 (E) CONGRESSIONAL DEFENSE COMMIT4 TEES DEFINED.—In this paragraph, the term 

5 ‘‘congressional defense committees’’ has the 

6 meaning given that term in section 101(a)(16) 

7 of title 10, United States Code. 

8 (10) FUNDING.—This section shall be carried 

9 out using not more than $10,000,000 of funds au10 thorized to be appropriated in this Act for Operation 

11 and Maintenance, Defense-wide, and no additional 

12 amounts are authorized to be appropriated to carry 

13 out this section. 

14 (b) AMENDMENTS TO THE INSPECTOR GENERAL

15 ACT.—The Inspector General Act of 1978 (5 U.S.C. App.) 

16 is amended— 

17 (1) in section 3(b)— 

18 (A) by inserting ‘‘(1)’’ before ‘‘An Inspec19 tor General’’; 

20 (B) by inserting after the first sentence 

21 the following: ‘‘An Inspector General may only 

22 be removed by the President before the expira23 tion of the term of the Inspector General for 

24 permanent incapacity, neglect of duty, malfea25 sance, conviction of a felony or conduct involvVerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 ing moral turpitude, knowing violation of a law, 

2 gross mismanagement, gross waste of funds, or 

3 abuse of authority.’’; and 

4 (C) by adding at the end the following new 

5 paragraphs: 

6 ‘‘(2) If an Inspector General is removed by the Presi7 dent under paragraph (1) fewer than 30 days after the 

8 President has communicated in writing the reasons for 

9 such removal pursuant to paragraph (1), the Inspector 

10 General shall submit to the Council of the Inspectors Gen11 eral on Integrity and Efficiency a report that includes the 

12 following information: 

13 ‘‘(A) A description of the facts and cir14 cumstances of each investigation involving a senior 

15 government employee (as defined in section 5 of this 

16 Act) being conducted by that Inspector General at 

17 the time of such removal. 

18 ‘‘(B) Any other matter that the Inspector Gen19 eral determines to include. 

20 ‘‘(3) Any individual serving as the head of an Office 

21 of Inspector General, after the removal of an Inspector 

22 General under paragraph (1), shall issue to the Council 

23 of the Inspectors General on Integrity and Efficiency a 

24 report identifying any instances in which an investigation 

25 or matter described in paragraph (2) is closed prior to 


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1 its completion, with a description of the reasons for closing 

2 the investigation or matter.’’; and 

3 (2) in section 8G(e), by adding at the end the 

4 following new paragraph: 

5 ‘‘(3) In the event of the removal of an Inspector Gen6 eral, the Council of the Inspectors General on Integrity 

7 and Efficiency shall— 

8 ‘‘(A) investigate the reasons for removal pro9 vided by the President; 

10 ‘‘(B) publish a report including the determina11 tion of the Council whether the reasons described in 

12 subparagraph (A) are in accordance with the rel13 evant provisions relating to for cause removal; 

14 ‘‘(C) review any investigation that was being 

15 conducted by the Inspector General at the time of 

16 such removal; and 

17 ‘‘(D) submit, to the congressional committees 

18 the Council determine to be relevant, a report that 

19 includes the determination of the Council whether an 

20 investigation described in subparagraph (C) moti21 vated such removal.’’. 


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1 SEC. 11. TRACKING MECHANISM AND REPORTING RE2 QUIREMENTS FOR SUPREMACIST, EXTREM3 IST, AND CRIMINAL GANG ACTIVITY IN THE 

4 ARMED FORCES. 

5 (a) PROCESS REQUIRED.—The Secretary of Defense 

6 shall develop and implement a process to track investiga7 tions, criminal and administrative actions, and final deter8 minations with respect to conduct of members of the cov9 ered Armed Forces that is prohibited under Department 

10 of Defense Instruction 1325.06, titled ‘‘Handling Dis11 sident and Protest Activities Among Members of the 

12 Armed Forces’’, or any successor instruction. 

13 (b) ELEMENTS.—The process under subsection (a) 

14 shall include the following: 

15 (1) A mechanism that military criminal inves16 tigative organizations may use— 

17 (A) to track criminal investigations into 

18 the prohibited conduct described in subsection 

19 (a), including a mechanism to track those inves20 tigations that are forwarded to commanders for 

21 administrative action; 

22 (B) to provide relevant information from 

23 criminal investigations and administrative ac24 tions to civilian law enforcement agencies; and 


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1 (C) to track final administrative actions 

2 taken with respect to investigations that are re3 ferred to commanders. 

4 (2) A mechanism commanders may use to pro5 vide information to military criminal investigative or6 ganizations on any serious conduct under consider7 ation for administrative action or any final adminis8 trative actions taken with respect to the prohibited 

9 conduct described in subsection (a). 

10 (3) A standardized database, shared among the 

11 covered Armed Forces, to ensure that the tracking 

12 required under subsection (a) is carried out in the 

13 same manner across such Armed Forces. 

14 (c) REPORTS.—Not later than December 1 of each 

15 year beginning after the date of the enactment of this Act, 

16 the Secretary of Defense shall submit to the appropriate 

17 congressional committees a report on the process imple18 mented under subsection (a). Each report shall include— 

19 (1) the number of investigations, criminal and 

20 administrative actions, and final determinations 

21 tracked over the preceding year; and 

22 (2) of the actions enumerated under paragraph 

23 (1), the number of instances in which information on 

24 the conduct of a member of the covered Armed 


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1 Forces was referred to civilian law enforcement 

2 agencies as a result of the investigation or action. 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on the Judiciary and 

7 the Committee on Armed Services of the Sen8 ate; and 

9 (B) the Committee on the Judiciary and 

10 the Committee on Armed Services of the House 

11 of Representatives. 

12 (2) The term ‘‘covered Armed Forces’’ means 

13 the Army, the Navy, the Air Force, the Marine 

14 Corps, and the Space Force. 

15 SEC. 12. PUNITIVE ARTICLE ON VIOLENT EXTREMISM. 

16 (a) VIOLENT EXTREMISM.— 

17 (1) IN GENERAL.—Subchapter X of chapter 47 

18 of title 10, United States Code, is amended by in19 serting after section 916 (article 116 of the Uniform 

20 Code of Military Justice) the following new section 

21 (article): 

22 ‘‘§ 916a. Art. 116a. Violent extremism 

23 ‘‘(a) PROHIBITION.—Any person subject to this chap24 ter who— 


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1 ‘‘(1) knowingly commits a covered offense 

2 against— 

3 ‘‘(A) the Government of the United States; 

4 or 

5 ‘‘(B) any person or class of people; 

6 ‘‘(2)(A) with the intent to intimidate or coerce 

7 any person or class of people; or 

8 ‘‘(B) with the intent to influence, affect, or re9 taliate against the policy or conduct of the Govern10 ment of the United States or any State; and 

11 ‘‘(3) does so— 

12 ‘‘(A) to achieve political, ideological, reli13 gious, social, or economic goals; or 

14 ‘‘(B) in the case of an act against a person 

15 or class of people, for reasons relating to the 

16 race, religion, color, ethnicity, sex, age, dis17 ability status, national origin, sexual orienta18 tion, or gender identity of the person or class 

19 of people concerned, 

20 is guilty of violent extremism and shall be punished as a 

21 court-martial may direct. 

22 ‘‘(b) ATTEMPTS, SOLICITATION, AND CONSPIRACY.— 

23 Any person who attempts, solicits, or conspires to commit 

24 an offense under this section shall be punished in the same 

25 manner as a person who completes the offense. 


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1 ‘‘(c) DEFINITIONS.—In this section: 

2 ‘‘(1) COVERED OFFENSE.—The term ‘covered 

3 offense’ means— 

4 ‘‘(A) loss, damage, destruction, or wrongful 

5 disposition of military property of the United 

6 States, in violation of section 908 of this title 

7 (article 108); 

8 ‘‘(B) waste, spoilage, or destruction of 

9 property other than military property of the 

10 United States, in violation of section 909 of this 

11 title (article 109); 

12 ‘‘(C) communicating threats, in violation of 

13 section 915 of this title (article 115); 

14 ‘‘(D) riot or breach of peace, in violation of 

15 section 916 of this title (article 116); 

16 ‘‘(E) provoking speech or gestures, in vio17 lation of section 917 of this title (article 117); 

18 ‘‘(F) murder, in violation of section 918 of 

19 this title (article 118); 

20 ‘‘(G) manslaughter, in violation of section 

21 919 of this title (article 119); 

22 ‘‘(H) larceny or wrongful appropriation, in 

23 violation of section 921 of this title (article 

24 121); 


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1 ‘‘(I) robbery, in violation of section 922 of 

2 this title (article 122); 

3 ‘‘(J) kidnapping, in violation of section 

4 925 of this title (article 125); 

5 ‘‘(K) assault, in violation of section 928 of 

6 this title (article 128); 

7 ‘‘(L) conspiracy to commit an offense spec8 ified in any of subparagraphs (A) through (K), 

9 as punishable under section 881 of this title 

10 (article 81); 

11 ‘‘(M) solicitation to commit an offense 

12 specified in any of subparagraphs (A) through 

13 (K), as punishable under section 882 of this 

14 title (article 82); or 

15 ‘‘(N) an attempt to commit an offense 

16 specified in any of subparagraphs (A) through 

17 (K), as punishable under section 880 of this 

18 title (article 80). 

19 ‘‘(2) STATE.—The term ‘State’ includes any 

20 State of the United States, the District of Columbia, 

21 the Commonwealth of Puerto Rico, and any other 

22 possession or territory of the United States.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such subchapter is amendVerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660

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1 ed by inserting after the item relating to section 916 

2 (article 116) the following new item: 

‘‘916a. 116a. Violent extremism.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall take effect on the date of the enact5 ment of this Act, and shall apply to offenses committed 

6 on or after such date. 

7 SEC. 13. PLAN TO IMPROVE RESPONSES TO PREGNANCY 

8 AND CHILDBIRTH BY MEMBERS OF THE 

9 ARMED FORCES AND EMPLOYEES OF THE DE10 PARTMENT OF DEFENSE. 

11 (a) PLAN REQUIRED.—The Secretary of Defense, in 

12 coordination with the Secretaries of the military depart13 ments, shall develop a plan to ensure that the career of 

14 a covered individual is not unduly affected because of 

15 being a covered individual. The plan shall address the fol16 lowing policy considerations: 

17 (1) Enforcement and implementation of the 

18 Pregnancy Discrimination Act (Public Law 95–555; 

19 42 U.S.C. 2000e(k)) by the Department of Defense 

20 and the Equal Employment Opportunity Commis21 sion with regards to civilian employees of the De22 partment of Defense. 

23 (2) The need for individual determinations re24 garding the ability of members of the Armed Forces 

25 to serve during and after pregnancy. 


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1 (3) Responses to the effects specific to covered 

2 individuals who reintegrate into home life after de3 ployment. 

4 (4) Pregnancy discrimination training, includ5 ing comprehensive education of new policies to di6 minish stigma, stereotypes, and negative perceptions 

7 regarding covered individuals, including with regards 

8 to commitment to the Armed Forces and abilities. 

9 (5) Opportunities to maintain readiness when 

10 positions are unfilled due to pregnancy, medical con11 ditions arising from pregnancy or childbirth, preg12 nancy convalescence, or parental leave. 

13 (6) Reasonable accommodations for covered in14 dividuals in general and specific accommodations 

15 based on career field or military occupational spe16 cialty. 

17 (7) Reissuing school enrollments or special as18 signments to covered individuals. 

19 (8) Extended assignments and performance re20 porting periods for covered individuals. 

21 (9) A mechanism by which covered individuals 

22 may report harassment or discrimination, including 

23 retaliation, relating to being a covered individual. 

24 (b) REPORT ON PLAN.—Not later than 90 days after 

25 the date of the enactment of this Act, the Secretary shall 


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1 submit to the congressional defense committees a report 

2 detailing the plan required under this section and a strat3 egy to implement the plan. 

4 (c) IMPLEMENTATION.—Not later than two years 

5 after the date of the enactment of this Act, the Secretary 

6 shall— 

7 (1) complete implementation of the plan under 

8 this section; and 

9 (2) submit to the congressional defense commit10 tees a report detailing the research performed, con11 siderations, and policy changes implemented under 

12 this section. 

13 (d) DEFINITIONS.—In this section: 

14 (1) The term ‘‘congressional defense commit15 tees’’ has the meaning given that term in section 

16 101(a)(16) of title 10, United States Code. 

17 (2) The term ‘‘covered individual’’ means a 

18 member of the Armed Forces or civilian employee of 

19 the Department of Defense who— 

20 (A) is pregnant; 

21 (B) gives birth to a child; or 

22 (C) incurs a medical condition arising from 

23 pregnancy or childbirth. 


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1 SEC. 14. IMPROVEMENT TO BREAST CANCER SCREENING. 

2 Section 1074d(b)(2) of title 10, United States Code, 

3 is amended by inserting before the period at the end the 

4 following: ‘‘, including through the use of digital breast 

5 tomosynthesis’’. 

6 SEC. 15. PILOT PROGRAM ON TEMPORARY ISSUANCE OF 

7 MATERNITY-RELATED UNIFORM ITEMS. 

8 (a) PILOT PROGRAM.—The Director of the Defense 

9 Logistics Agency, in coordination with the Secretaries con10 cerned, shall carry out a pilot program under which each 

11 Secretary concerned shall establish an office for issuing 

12 maternity-related uniform items to pregnant members of 

13 the Armed Forces, on a temporary basis and at no cost 

14 to such members. In carrying out the pilot program, the 

15 following actions shall be taken: 

16 (1) The Director shall ensure that offices under 

17 the pilot program maintain a stock of each type of 

18 maternity-related uniform item determined necessary 

19 by the Secretary concerned, including service uni20 forms items, utility uniform items, and other items 

21 relating to the command and duty assignment of the 

22 member requiring issuance. 

23 (2) The Director shall ensure that such items 

24 have not been treated with the chemical permethrin. 

25 (3) The Director, in coordination with the Sec26 retary concerned, shall determine a standard number 


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1 of maternity-related uniform items that may be 

2 issued per member. 

3 (4) The Secretary concerned shall ensure that 

4 any member receiving a maternity-related uniform 

5 item returns such item to the applicable office estab6 lished under the pilot program on the date on which 

7 the Secretary concerned determines the member no 

8 longer requires such item. 

9 (5) The Secretary concerned shall inspect, proc10 ess, repair, clean, and re-stock items returned by a 

11 member pursuant to paragraph (4) for re-issuance 

12 from such office. 

13 (6) The Director, in coordination with the Sec14 retaries concerned, may issue such guidance and 

15 regulations as necessary to carry out the pilot pro16 gram. 

17 (b) TERMINATION.—No maternity-related uniform 

18 items may be issued to a member of the Armed Forces 

19 under the pilot program after September 30, 2026. 

20 (c) REPORT.—Not later than September 30, 2025, 

21 the Director of the Defense Logistics Agency, in coordina22 tion with the Secretaries concerned, shall submit to the 

23 congressional defense committees a report on the pilot 

24 program. Such report shall include each of the following: 


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1 (1) For each year during which the pilot pro2 gram was carried out, the number of members of the 

3 Armed Forces who received a maternity-related uni4 form item under the pilot program. 

5 (2) An overview of the costs associated with, 

6 and any savings realized by, the pilot program, in7 cluding a comparison of the cost of maintaining a 

8 stock of maternity-related uniform items for 

9 issuance under the pilot program versus the cost of 

10 providing allowances to members for purchasing 

11 such items. 

12 (3) A recommendation on whether the pilot pro13 gram should be extended after the date of termi14 nation under subsection (b) and whether legislation 

15 is necessary for such extension. 

16 (4) Any other matters that the Secretary of De17 fense determines appropriate. 

18 (d) DEFINITIONS.—In this section, the terms ‘‘con19 gressional defense committees’’ and ‘‘Secretary con20 cerned’’ have the meaning given those terms in section 

21 101(a) of title 10, United States Code. 

22 (e) FUNDING.—Of the amounts authorized to be ap23 propriated for fiscal year 2021 for the Department of De24 fense for operation and maintenance, Defense-wide, 


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1 $10,000,000 shall be available to carry out the pilot pro2 gram. 

Æ 


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