[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4377-4379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1423]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Establishment of Department of Defense Federal Advisory 
Committees

AGENCY: Department of Defense.

ACTION: Establishment of federal advisory committee.

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SUMMARY: Under the provisions of section 596 of Public Law 110-417, the 
Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix, as amended), 
the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), 
and 41 CFR 102-3.65, the Department of Defense gives notice that it is 
establishing the Military Leadership Diversity Commission (hereafter 
referred to as the Commission).
    The Commission is a non-discretionary federal advisory commission 
established under the authority of section 596 of Public Law 110-417 
and 41 CFR 102-3.50(a) to conduct a comprehensive evaluation and 
assessment of policies that provide opportunities for the promotion and 
advancement of minority members of the Armed Forces, including minority 
members who are senior officers.
    In carrying out the study, the commission shall examine the 
following:
    1. The efforts to develop and maintain diverse leadership at all 
levels of the Armed Forces.
    2. The successes and failures of developing and maintaining a 
diverse leadership, particularly at the general and flag officer 
positions.
    3. The effect of expanding Department of Defense secondary 
educational programs to diverse civilian populations, to include 
military service academy preparatory schools.
    4. The ability of current recruitment and retention practices to 
attract and maintain a diverse pool of qualified individuals in 
sufficient numbers in officer pre-commissioning programs.
    5. The ability of current activities to increase continuation rates 
for ethnic- and gender-specific members of the Armed Forces.
    6. The benefits of conducting an annual conference attended by 
civilian military, active-duty and retired military, and corporate 
leaders on diversity, to include a review of current policy and the 
annual demographic data from the Defense Manpower Data Center.
    7. The status of prior recommendations made to the Department of 
Defense and to Congress concerning diversity initiatives within the 
Armed Forces.

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    8. The incorporation of private sector practices that have been 
successful in cultivating diverse leadership.
    9. The establishment and maintenance of fair promotion and command 
opportunities for ethnic- and gender-specific members of the Armed 
Forces at the 0-5 grade level and above.
    10. An assessment of pre-command billet assignments of ethnic-
specific members of the Armed Forces.
    11. The development of a uniform definition, to be used throughout 
the Department of Defense, of diversity that is congruent with the core 
values and vision of the Department of Defense for the future 
workforce.
    12. The existing metrics and milestones for evaluating the 
diversity plans of the Department of Defense (including the plans of 
the Military Departments) and for facilitating future evaluation and 
oversight.
    13. The existence and maintenance of fair promotion, assignment, 
and command opportunities for ethnic- and gender-specific members of 
the Armed Forces at the levels of warrant officer, chief warrant 
officer, company and junior grade, field and mid-grade, and general and 
flag officer.
    14. The current institution structure of the Office of Diversity 
Management and Equal Opportunity of the Department of Defense, and of 
similar officers of the Military Departments, and their ability to 
ensure effective and accountable diversity management across the 
Department of Defense.
    15. The option available for improving the substance or 
implementation of current plans and policies of the Department of 
Defense and the Military Departments.
    No later than 12 months after the date on which the commission 
first meets, the commission shall submit to the President and Congress 
a report on the commission's study. The report shall include, as a 
minimum, the following:
    1. The findings and conclusions of the commission;
    2. The recommendations of the commission for improving diversity 
within the Armed Forces; and
    3. Such other information and recommendations as the commission 
considers appropriate.
    In addition, the commission may submit interim reports to the 
President and Congress as the commission considers appropriate.
    The commission, pursuant to section 596(d)(3) of Public Law 110-
417, may consult with appropriate private, for profit, and non-profit 
organizations and advocacy groups to learn methods for developing, 
implementing, and sustaining senior diverse leadership within the 
Department of Defense. In addition, the commission, pursuant to section 
596(f)(1) of Public Law 110-416, may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence 
as the commission considers appropriate.
    Members shall be appointed for the life of the commission. Any 
vacancy in the commission shall be filled in the same manner as the 
original appointment. The commission, pursuant to section 596(b) of 
Public Law 110-416, shall be composed of the following members:
    1. The Director of the Defense Manpower Data Center;
    2. The Commandant of the Director of the Defense Equal Opportunity 
Management Institute;
    3. A commissioned officer from each of the Army, Navy, Air Force, 
and Marine Corps who serves or has served in a leadership position with 
either a Military Department command or combatant command;
    4. A commissioned officer or noncommissioned officer of the Coast 
Guard on active duty;
    5. A retired general or flag officer from each of the Army, Navy, 
Air Force and Marine Corps;
    6. A retired flag officer of the Coast Guard;
    7. A retired noncommissioned officer from each of the Army, Navy, 
Air Force and Marine Corps;
    8. Five retired commissioned officers who served in leadership 
positions with either a Military Department command or combatant 
command, of who no less than three shall represent the views of 
minority veterans;
    9. Four individuals with expertise in cultivating diverse leaders 
in private or non-profit organizations; and
    10. An attorney with appropriate experience and expertise in 
constitutional and legal matters related to the duties and 
responsibilities of the committee.
    The appointment of the Director of the Defense Manpower Data Center 
and the Commandant of the Defense Equal Opportunity Management 
Institute shall be based upon their ex-officio position within the 
Department of Defense. Representatives for the incumbents may attend 
committee meetings; however, they shall not exercise any authority 
unless they have been appointed in writing, pursuant to DoD policies 
and procedures, as the Acting Director.
    With the exception of the representatives of the U.S. Coast Guard, 
the Secretary of Defense shall appoint the commission members. 
Commission members appointed by the Secretary of Defense, who are not 
full-time or permanent part-time employees of the federal government, 
shall be appointed as experts and consultants under the authority of 5 
U.S.C. 3109, and these individuals shall serve as special government 
employees.
    Pursuant to section 596(g)(1) of Public Law 110-416, the Secretary 
of Homeland Security, in consultation with the Commandant of the Coast 
Guard, shall appoint two individuals to represent the interests of the 
U.S. Coast Guard.
    Commission members, who are not full-time or permanent part-time 
federal employees, shall serve without compensation. All commission 
members shall be provided travel and per diem for official commission 
travel.
    These experts and consultants shall be considered Special 
Government Employees, and their appointments, regardless of their term 
of office, shall be renewed by the Secretary of Defense on an annual 
basis.
    The Secretary of Defense, pursuant to section 596(b)(3) of Public 
Law 110-416, shall designate one member as the chairman of the 
commission.
    The commission, pursuant to section 596(c)(2) of Public Law 110-
416, shall meet at the call of the chairman. Pursuant to section 
596(b)(6) of Public Law 110-416, fifteen committee members shall 
constitute a quorum, but a lesser number may hold hearings.
    The Department of Defense, pursuant to 41 CFR 102-3.105(i) and DoD 
policies and procedures, shall appoint a full-time or permanent part-
time DoD employee to serve as commission's Designated Federal Officer. 
The Designated Federal Officer shall comply with existing federal 
statutes and regulations governing federal advisory committees, and 
shall attend all commission and subcommittee meetings.
    The commission shall be authorized to establish subcommittees, as 
necessary and consistent with its mission, and these subcommittees or 
working groups shall operate under the provisions of the Federal 
Advisory Committee Act of 1972, the Government in the Sunshine Act of 
1976 (5 U.S.C. 552b, as amended), and other appropriate federal 
regulations.
    Such subcommittees or workgroups shall not work independently of 
the chartered commission, and shall report all their recommendations 
and advice to the commission for full deliberation and discussion. 
Subcommittees or workgroups have no authority to make decisions on 
behalf of the chartered commission nor can they report directly to the 
Department of Defense or any

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federal officers or employees who are not commission members.

FOR FURTHER INFORMATION CONTACT: Contact Jim Freeman, Deputy Committee 
Management Officer for the Department of Defense, 703-601-6128.

SUPPLEMENTARY INFORMATION: Pursuant to 41 CFR 102-3.105(j) and 102-
3.140, the public or interested organizations may submit written 
statements to the Military Leadership Diversity Commission membership 
about the commission's mission and functions. Written statements may be 
submitted at any time or in response to the stated agenda of planned 
meeting of the Military Leadership Diversity Commission.
    All written statements shall be submitted to the Designated Federal 
Officer for the Military Leadership Diversity Commission, and this 
individual will ensure that the written statements are provided to the 
membership for their consideration. Contact information for the 
Military Leadership Diversity Commission's Designated Federal Officer, 
once appointed, may be obtained from the GSA's FACA Database--https://www.fido.gov/facadatabase/public.asp.
    The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will 
announce planned meetings of the Military Leadership Diversity 
Commission. The Designated Federal Officer, at that time, may provide 
additional guidance on the submission of written statements that are in 
response to the stated agenda for the planned meeting in question.

    Dated: January 14, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-1423 Filed 1-23-09; 8:45 am]
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