Title: Diversity in Defense Act of 2020
Policy area: Armed Forces and National Security

Summary:
Diversity in Defense Act of 2020
This bill adds certain diversity-related requirements for the U.S. Armed Forces, including (1) the appointment of a Chief Diversity Officer in military components of the Department of Defense (DOD) and in the Coast Guard; (2) the establishment of a Diversity and Inclusion Advisory Council in DOD to, among other things, align diversity and inclusion with DOD strategic goals; (3) enhanced reporting on diversity and inclusion; (4) requiring a mentoring and career counseling program; (5) developing plans to increase recruitment and retention of female and minority members in the Armed Forces, (6) establishing in DOD the Office of the Special Inspector General for Racial and Ethnic Disparities in the Armed Forces to examine the effect of military justice and personnel policies on racial and ethnic disparities; (7) tracking investigations of supremacist, violent extremist, and criminal gang activity in the Armed Forces; and (8) improving responses to pregnancy and childbirth for members of the Armed Forces.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8099 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8099

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 25, 2020

   Mr. Brown of Maryland (for himself, Ms. Speier, Ms. Escobar, Ms. 
 Haaland, Mr. Cisneros, Ms. Houlahan, Mr. Turner, Mr. Fitzpatrick, and 
   Mr. Kim) introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committees on 
  Transportation and Infrastructure, and Oversight and Reform, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Diversity in Defense Act of 2020''.

SEC. 2. CHIEF DIVERSITY OFFICERS.

    (a) Department of Defense.--
            (1) In general.--Chapter 4 of title 10, United States Code, 
        is amended by inserting after section 132a the following new 
        section:
``Sec. 133. Chief Diversity Officer
    ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity 
Officer of the Department of Defense, appointed from civilian life by 
the President, by and with the advice and consent of the Senate.
    ``(2) The Chief Diversity Officer shall be appointed from among 
persons who have an extensive management or business background and 
experience with diversity and inclusion. A person may not be appointed 
as Chief Diversity Officer within seven years after relief from active 
duty as a commissioned officer of a regular component of an armed 
force.
    ``(b) Powers and Duties.--The Chief Diversity Officer--
            ``(1) is responsible for policy, oversight, guidance, and 
        coordination for all matters of the Department of Defense 
        related to diversity and inclusion, including matters in 
        connection with the armed forces and members of the armed 
        forces and the civilian employees of the Department;
            ``(2) exercises authority to direct the Secretaries of the 
        military departments and the heads of all other elements of the 
        Department with regard to matters for which the Chief Diversity 
        Officer has responsibility under this section;
            ``(3) exercises authority, direction, and control over the 
        Office of People Analytics, or any successor organization;
            ``(4) shall establish and maintain a Department of Defense 
        strategic plan that publicly states a diversity definition, 
        vision, and goals for the Department;
            ``(5) shall define a set of strategic metrics that are 
        directly linked to key organizational priorities and goals, 
        actionable, and actively used to implement the strategic plan;
            ``(6) shall establish training in diversity dynamics and 
        training in practices for leading diverse groups effectively;
            ``(7) shall establish and maintain a strategic plan for 
        diverse participation by institutions of higher education 
        (including Historically Black colleges and universities and 
        minority-serving institutions), Federally funded research and 
        development centers, and individuals in defense-related 
        research, development, testing, and evaluation activities;
            ``(8) shall establish and maintain a strategic plan for 
        outreach to, and recruiting from, untapped locations and 
        underrepresented demographic groups;
            ``(9) shall conduct regular, rigorous evaluations and 
        assessments of diversity within the Department; and
            ``(10) shall perform such additional duties and exercise 
        such powers as the Secretary of Defense may prescribe.
    ``(c) Precedence in the Department of Defense.--(1) The Chief 
Diversity Officer shall report directly to the Secretary of Defense in 
the performance of duties under this section.
    ``(2) The Chief Diversity Officer takes precedence in the 
Department of Defense after the Chief Management Officer of the 
Department of Defense.
    ``(d) Definitions.--In this section:
            ``(1) The term `Historically Black colleges and 
        universities' means part B institutions (as that term is 
        defined in section 322 of the Higher Education Act of 1965 (20 
        U.S.C. 1061).
            ``(2) The term `minority-serving institutions' means 
        institutions described in section 371(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(a)).''.
            (2) Conforming amendments on precedence in osd.--Chapter 4 
        of such title is further amended--
                    (A) in section 131(b)--
                            (i) by redesignated paragraphs (3) through 
                        (9) as paragraphs (4) through (10), 
                        respectively; and
                            (ii) by inserting after paragraph (2) the 
                        following new paragraph (3):
            ``(3) The Chief Diversity Officer of the Department of 
        Defense.'';
                    (B) in section 133a(c)--
                            (i) in paragraph (1), by striking ``and the 
                        Chief Information Officer of the Department of 
                        Defense'' and inserting ``the Chief Information 
                        Officer of the Department of Defense, and the 
                        Chief Diversity Officer of the Department of 
                        Defense''; and
                            (ii) in paragraph (2), by inserting ``the 
                        Chief Diversity Officer,'' after ``the Chief 
                        Management Officer,''; and
                    (C) in section 133b(c)--
                            (i) in paragraph (1), by striking ``and the 
                        Chief Information Officer of the Department of 
                        Defense'' and inserting ``the Chief Information 
                        Officer of the Department of Defense, and the 
                        Chief Diversity Officer of the Department of 
                        Defense''; and
                            (ii) in paragraph (2), by inserting ``the 
                        Chief Diversity Officer,'' after ``the Chief 
                        Management Officer,''.
            (3) Joint responsibility with usd(p&r).--Section 136(b) of 
        such title is amended by inserting ``the Chief Diversity 
        Officer and'' after ``control of the Secretary of Defense,''.
            (4) Clerical amendment.--The table of sections at the 
        beginning of chapter 4 of such title is amended by inserting 
        after the item relating to section 132a the following new item:

``133. Chief Diversity Officer.''.
    (b) Department of the Army.--
            (1) In general.--Chapter 703 of title 10, United States 
        Code, is amended by inserting after section 7015 the following 
        new section:
``Sec. 7015a. Chief Diversity Officer
    ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity 
Officer of the Department of the Army, appointed from civilian life by 
the President, by and with the advice and consent of the Senate.
    ``(2) The Chief Diversity Officer shall be appointed from among 
persons who have an extensive management or business background and 
experience with diversity and inclusion,
    ``(b) Powers and Duties.--The Chief Diversity Officer--
            ``(1) is responsible for policy, oversight, guidance, and 
        coordination for all matters of the Department of the Army 
        related to diversity and inclusion, including matters in 
        connection with the Army and members of the Army and the 
        civilian employees of the Department;
            ``(2) exercises authority to direct the heads of all other 
        elements of the Department with regard to matters for which the 
        Chief Diversity Officer has responsibility under this section;
            ``(3) shall establish training in diversity dynamics and 
        training in practices for leading diverse groups effectively;
            ``(4) shall conduct regular, rigorous evaluations and 
        assessments of diversity within the Department; and
            ``(5) shall perform such additional duties and exercise 
        such powers as the Secretary of the Army may prescribe.''.
            (2) Precedence in office of secretary of the army.--Section 
        7014(b) of such title is amended--
                    (A) by redesignating paragraphs (2) through (8) as 
                paragraphs (3) through (9), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) The Chief Diversity Officer of the Department of the 
        Army.''.
            (3) Diversity and inclusion among responsibilities of 
        office of secretary of the army.--Section 7014(c)(1) of such 
        title is amended by adding at the end the following new 
        subparagraph:
            ``(H) Diversity and inclusion.''.
            (4) Clerical amendment.--The table of sections at the 
        beginning of chapter 703 of such title is amended by inserting 
        after the item relating to section 7015 the following new item:

``7015a. Chief Diversity Officer.''.
    (c) Department of the Navy.--
            (1) In general.--Chapter 803 of title 10, United States 
        Code, is amended by inserting after section 8015 the following 
        new section:
``Sec. 8015a. Chief Diversity Officer
    ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity 
Officer of the Department of the Navy, appointed from civilian life by 
the President, by and with the advice and consent of the Senate.
    ``(2) The Chief Diversity Officer shall be appointed from among 
persons who have an extensive management or business background and 
experience with diversity and inclusion.
    ``(b) Powers and Duties.--The Chief Diversity Officer--
            ``(1) is responsible for policy, oversight, guidance, and 
        coordination for all matters of the Department of the Navy 
        related to diversity and inclusion, including matters in 
        connection with the Navy and the Marine Corps and members of 
        the Navy and the Marine Corps and the civilian employees of the 
        Department;
            ``(2) exercises authority to direct the heads of all other 
        elements of the Department with regard to matters for which the 
        Chief Diversity Officer has responsibility under this section;
            ``(3) shall establish training in diversity dynamics and 
        training in practices for leading diverse groups effectively;
            ``(4) shall conduct regular, rigorous evaluations and 
        assessments of diversity within the Department; and
            ``(5) shall perform such additional duties and exercise 
        such powers as the Secretary of the Navy may prescribe.''.
            (2) Precedence in office of secretary of the navy.--Section 
        8014(b) of such title is amended--
                    (A) by redesignating paragraphs (2) through (8) as 
                paragraphs (3) through (9), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) The Chief Diversity Officer of the Department of the 
        Navy.''.
            (3) Diversity and inclusion among responsibilities of 
        office of secretary of the navy.--Section 8014(c)(1) of such 
        title is amended by adding at the end the following new 
        subparagraph:
            ``(H) Diversity and inclusion.''.
            (4) Clerical amendment.--The table of sections at the 
        beginning of chapter 803 of such title is amended by inserting 
        after the item relating to section 8015 the following new item:

``8015a. Chief Diversity Officer.''.
    (d) Department of the Air Force.--
            (1) In general.--Chapter 903 of title 10, United States 
        Code, is amended by inserting after section 9015 the following 
        new section:
``Sec. 9015a. Chief Diversity Officer
    ``(a) Chief Diversity Officer.--(1) There is a Chief Diversity 
Officer of the Department of the Air Force, appointed from civilian 
life by the President, by and with the advice and consent of the 
Senate.
    ``(2) The Chief Diversity Officer shall be appointed from among 
persons who have an extensive management or business background and 
experience with diversity and inclusion.
    ``(b) Powers and Duties.--The Chief Diversity Officer--
            ``(1) is responsible for policy, oversight, guidance, and 
        coordination for all matters of the Department of the Air Force 
        related to diversity and inclusion, including matters in 
        connection with the Air Force and the Space Force and members 
        of the Air Force and the Space Force and the civilian employees 
        of the Department;
            ``(2) exercises authority to direct the heads of all other 
        elements of the Department with regard to matters for which the 
        Chief Diversity Officer has responsibility under this section;
            ``(3) shall establish training in diversity dynamics and 
        training in practices for leading diverse groups effectively;
            ``(4) shall conduct regular, rigorous evaluations and 
        assessments of diversity within the Department; and
            ``(5) shall perform such additional duties and exercise 
        such powers as the Secretary of the Air Force may prescribe.''.
            (2) Precedence in office of secretary of the air force.--
        Section 9014(b) of such title is amended--
                    (A) by redesignating paragraphs (2) through (7) as 
                paragraphs (3) through (8), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) The Chief Diversity Officer of the Department of the 
        Air Force.''.
            (3) Diversity and inclusion among responsibilities of 
        office of secretary of the air force.--Section 8014(c)(1) of 
        such title is amended by adding at the end the following new 
        subparagraph:
            ``(H) Diversity and inclusion.''.
            (4) Clerical amendment.--The table of sections at the 
        beginning of chapter 903 of such title is amended by inserting 
        after the item relating to section 9015 the following new item:

``9015a. Chief Diversity Officer.''.
    (e) Coast Guard.--
            (1) In general.--Chapter 3 of title 14, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 321. Chief Diversity Officer
    ``(a) Establishment.--(1) There is a Chief Diversity Officer of the 
Coast Guard, appointed from civilian life by the President, by and with 
the advice and consent of the Senate.
    ``(2) The Chief Diversity Officer shall be appointed from among 
persons who have an extensive management or business background and 
experience with diversity and inclusion.
    ``(b) Powers and Duties.--The Chief Diversity Officer--
            ``(1) is responsible for policy, oversight, guidance, and 
        coordination for all matters of the Coast Guard related to 
        diversity and inclusion;
            ``(2) exercises authority to direct the heads of all other 
        elements of the Coast Guard with regard to matters for which 
        the Chief Diversity Officer has responsibility under this 
        section;
            ``(3) shall establish training in diversity dynamics and 
        training in practices for leading diverse groups effectively;
            ``(4) shall conduct regular, rigorous evaluations and 
        assessments of diversity within the Coast Guard; and
            ``(5) shall perform such additional duties and exercise 
        such powers as the Commandant may prescribe.
    ``(c) Reporting.--The Chief Diversity Officer shall report directly 
to the Commandant in the performance of duties under this section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 3 of such title is amended by adding at 
        the end the following new item:

``321. Chief Diversity Officer.''.
    (f) Executive Schedule Matters.--
            (1) Level ii.--Section 5313 of title 5, United States Code, 
        is amended by inserting after the item relating to the Chief 
        Management Officer of the Department of Defense the following 
        new item:
            ``Chief Diversity Officer of the Department of Defense.''.
            (2) Level iii.--Section 5314 of title 5, United States 
        Code, is amended--
                    (A) by inserting after the item relating to the 
                Under Secretary of the Navy the following new items:
                    ``Chief Diversity Officer of the Department of the 
                Army.
                    ``Chief Diversity Officer of the Department of the 
                Navy.
                    ``Chief Diversity Officer of the Department of the 
                Air Force.''; and
                    (B) by adding at the end the following new item:
                    ``Chief Diversity Officer of the Coast Guard.''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on February 1, 2021.

SEC. 3. DIVERSITY AND INCLUSION ADVISORY COUNCIL OF THE DEPARTMENT OF 
              DEFENSE.

    (a) In General.--Chapter 7 of title 10, United States Code, is 
amended by inserting before section 187 the following:
``Sec. 186. Diversity and Inclusion Advisory Council
    ``(a) In General.--The Secretary of Defense shall establish and 
maintain within the Department of Defense a council to be known as the 
`Diversity and Inclusion Advisory Council of the Department of Defense' 
(referred to in this section as the `Council').
    ``(b) Membership.--
            ``(1) In general.--The Council shall be composed of not 
        fewer than 22 members, including the Federal officers specified 
        in paragraph (2), and not fewer than 12 members appointed by 
        the Secretary from nongovernmental positions described in 
        paragraph (3).
            ``(2) Federal officers.--The Federal officers specified in 
        this paragraph are the following:
                    ``(A) The Chief Diversity Officer of the Department 
                of Defense.
                    ``(B) The Under Secretary of Defense for Personnel 
                and Readiness.
                    ``(C) The Chief of Staff of the Army.
                    ``(D) The Chief of Naval Operations.
                    ``(E) The Chief of Staff of the Air Force.
                    ``(F) The Chief of Space Operations.
                    ``(G) The Chief of Staff of the Air Force.
                    ``(H) The Commandant of the Marine Corps.
                    ``(I) The Commandant of the Coast Guard.
                    ``(J) The Chief of the National Guard Bureau.
            ``(3) Nongovernmental positions.--Nongovernmental positions 
        described in this paragraph are the following:
                    ``(A) Five presidents or chancellors of 
                institutions of higher education, including private and 
                public institutions representing diverse areas of the 
                United States.
                    ``(B) Senior leaders of the defense industries of 
                the United States.
                    ``(C) Senior leaders of veterans or military 
                service organizations.
                    ``(D) Veterans (as defined in section 101 of title 
                38).
                    ``(E) Others determined appropriate by the 
                Secretary.
            ``(4) Timing of appointments.--Appointments to the Council 
        shall be made not later than four months after the date of the 
        enactment of this section.
            ``(5) Terms.--
                    ``(A) In general.--Each member shall be appointed 
                for a term of two years.
                    ``(B) Vacancies.--Any member appointed to fill a 
                vacancy occurring before the expiration of the term for 
                which the member's predecessor was appointed shall be 
                appointed only for the remainder of that term. A member 
                may serve after the expiration of that term until a 
                successor has been appointed.
            ``(6) Chair and vice chair.--
                    ``(A) Chair.--The Chief Diversity Officer of the 
                Department of Defense shall be the Chair of the 
                Council.
                    ``(B) Vice chair.--The Vice Chair shall be 
                designated by the Secretary at the time of the 
                appointment of the members pursuant to paragraph (4), 
                and when a vacancy of the Vice Chair occurs, as the 
                case may be.
    ``(c) Meeting.--
            ``(1) Meetings.--The Council shall meet not fewer than four 
        times each year at the call of the Chair or Vice Chair.
            ``(2) Quorum.--Twelve members of the Council, including six 
        appointed under subsection (c)(2) and six appointed under 
        subsection (c)(3), shall constitute a quorum.
    ``(d) Duties.--The Council shall provide advice and recommendations 
to the Secretary on matters concerning diversity and inclusion in the 
Department of Defense, relating to the following:
            ``(1) Aligning diversity and inclusion with the strategic 
        goals of the Department.
            ``(2) Conducting strategic outreach efforts to identify, 
        attract, and recruit individuals that represent the demographic 
        diversity of the United States.
            ``(3) Developing, mentoring, and retaining a diverse and 
        inclusive armed forces.
            ``(4) Encouraging leadership development through diversity 
        and inclusion practices and processes.
    ``(e) Compensation.--
            ``(1) Prohibition on compensation.--Except as provided in 
        paragraph (2), members of the Council may not receive 
        additional pay, allowances, or benefits by reason of their 
        service on the Council.
            ``(2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5.
    ``(f) Administrative Support Services.--Upon the request of the 
Council, the Secretary shall provide to the Council, on a reimbursable 
basis, the administrative support services necessary for the Council to 
carry out its responsibilities under this section.
    ``(g) Reports.--Not later than 180 days after the date on which the 
Council holds its initial meeting under subsection (c) and annually 
thereafter, the Council shall submit to the congressional defense 
committees a report containing a detailed statement of the advice and 
recommendations of the Council pursuant to subsection (d).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title is amended by inserting before the item 
relating to section 187 the following:

``186. Diversity and Inclusion Advisory Council.''.

SEC. 4. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS.

    (a) Standard Diversity Metrics and Annual Reporting Requirement.--
Section 113 of title 10, United States Code is amended--
            (1) in subsection (c)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) a report from each military department on the goals, 
        barriers, and status of diversity and inclusion of that 
        military department;'';
            (2) in subsection (g)(1)(B), by inserting after clause (vi) 
        the following new clause:
            ``(vii) Strategic metrics and benchmarks evaluating how the 
        officer and enlisted corps reflects the eligible United States 
        population across all armed forces and grades.'';
            (3) by redesignating subsections (m) and (n) as subsections 
        (n) and (o), respectively; and
            (4) by inserting after subsection (k), the following new 
        subsections (l) and (m):
    ``(l)(1) The Secretary of Defense shall establish and maintain a 
standard set of strategic metrics and benchmarks toward the achievement 
of each of the objectives as follows:
            ``(A) An officer and enlisted corps that reflects the 
        eligible United States population across all armed forces and 
        grades.
            ``(B) A military force that is able to prevail in its wars, 
        prevent and deter conflict, defeat adversaries and succeed in a 
        wide range of contingencies, and preserve and enhance the all-
        volunteer force.
    ``(2) In implementing the requirement in paragraph (1), the 
Secretary shall--
            ``(A) establish a universal data collection system to 
        ensure comparability across each military department;
            ``(B) establish standard definitions of demographic groups, 
        a common methodology, and a common reporting structure across 
        each military department;
            ``(C) conduct annual barrier analyses to review demographic 
        diversity patterns across the military life cycle, starting 
        with accessions; and
            ``(D) each year meet with the Secretaries of the military 
        departments, the Chiefs of Staff of the armed forces, and the 
        Chairman of the Joint Chiefs of Staff to assess progress 
        towards the objectives specified in paragraph (1) and establish 
        recommendations to meet such objectives.
    ``(m) The Secretary shall include in each national defense strategy 
under subsection (g)--
            ``(1) the demographics, disaggregated by grade, ethnicity, 
        race, gender, and military occupational specialty, for--
                    ``(A) accession into the armed forces;
                    ``(B) the enlisted corps;
                    ``(C) the commissioned officers;
                    ``(D) graduates of the military service academies;
                    ``(E) the rate of promotion in the promotion zone;
                    ``(F) the rate of promotion below the zone for 
                promotion;
                    ``(G) the rates of retention;
                    ``(H) command selection;
                    ``(I) special assignments;
                    ``(J) career broadening assignments;
                    ``(K) aides to general officers and flag officers; 
                and
                    ``(L) any other matter the Secretary determines 
                appropriate;
            ``(2) an analysis of assignment patterns by ethnicity, 
        race, and gender;
            ``(3) an analysis of attitudinal survey data by ethnicity, 
        race, and gender;
            ``(4) an assessment of the available pool of qualified of 
        Asian American, Native Hawaiian, Pacific Islander, African 
        American, Hispanic, Puerto Rican, Native American, Alaska 
        Native and female candidates for positions in pay grades O-9 
        and O-10;
            ``(5) identification of persistent, group-specific 
        deviations from overall averages and plans to investigate 
        underlying causes; and
            ``(6) summaries of progress made on previous actions.''.
    (b) National Guard Diversity Reporting.--Section 10504 of title 10, 
United States Code is amended by adding at the end the following new 
subsection (d):
    ``(d) Report on Diversity and Inclusion.--(1) Not less than once 
every four years, the Chief of the National Guard Bureau shall report 
in writing to the Secretary of Defense and Congress on the status of 
diversity in each State, Territory, and the District of Columbia for 
all grades of the Army National Guard and Air National Guard.
    ``(2) Each report under paragraph (1) shall include--
            ``(A) the demographics, disaggregated by State, grade, 
        ethnicity, race, gender, and military occupational specialty, 
        for--
                    ``(i) accession into the National Guard;
                    ``(ii) the enlisted corps;
                    ``(iii) the commissioned officers;
                    ``(iv) the rate of promotion in the promotion zone;
                    ``(v) the rate of promotion below the zone for 
                promotion;
                    ``(vi) the rates of retention;
                    ``(vii) command selection;
                    ``(viii) special assignments;
                    ``(ix) career broadening assignments;
                    ``(x) aides to a general officer; and
                    ``(xi) any other matter the Chief of the National 
                Guard Bureau determines appropriate;
            ``(B) an analysis of assignment patterns by ethnicity, 
        race, and gender;
            ``(C) an analysis of attitudinal survey data by ethnicity, 
        race, and gender;
            ``(D) an assessment of the available pool of qualified of 
        Asian American, Native Hawaiian, Pacific Islander, African 
        American, Hispanic, Puerto Rican, Native American, Alaska 
        Native and female candidates for National Guard positions in 
        pay grades O-9 and O-10;
            ``(E) identification of persistent, group-specific 
        deviations from overall averages and plans to investigate 
        underlying causes; and
            ``(F) summaries of progress made on previous actions.
    ``(3) The Chief of the National Guard Bureau shall--
            ``(A) publish on an appropriate publicly available website 
        of the National Guard the reports required under paragraph (1); 
        and
            ``(B) ensure that any data included with the report is made 
        available in a machine-readable format that is downloadable, 
        searchable, and sortable.''.
    (c) Coast Guard Diversity Reporting.--
            (1) Annual report in coast guard authorization request.--
        Section 5101(b) of title 14, United States Code, is amended--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) the goals, barriers, and status of diversity and 
        inclusion;''.
            (2) Quadrennial report.--Chapter 51 of such title is 
        amended by inserting after section 5104 the following new 
        section:
``Sec. 5104a. Quadrennial report on diversity and inclusion
    ``Not less than once every four years, the Secretary shall include 
in the Coast Guard authorization request under section 5101 of this 
title--
            ``(1) the demographics, disaggregated by grade, ethnicity, 
        race, gender, and military occupational specialty, for--
                    ``(A) accession into the Coast Guard;
                    ``(B) the enlisted corps;
                    ``(C) the commissioned officers;
                    ``(D) graduates of the Coast Guard Academy;
                    ``(E) the rate of promotion in the promotion zone;
                    ``(F) the rate of promotion below the zone for 
                promotion;
                    ``(G) the rates of retention;
                    ``(H) command selection;
                    ``(I) special assignments;
                    ``(J) career broadening assignments;
                    ``(K) aides to a flag officer; and
                    ``(L) any other matter the Secretary determines 
                appropriate;
            ``(2) an analysis of assignment patterns by ethnicity, 
        race, and gender;
            ``(3) an analysis of attitudinal survey data by ethnicity, 
        race, and gender;
            ``(4) an assessment of the available pool of qualified of 
        Asian American, Native Hawaiian, Pacific Islander, African 
        American, Hispanic, Puerto Rican, Native American, Alaska 
        Native and female candidates for Coast Guard positions in pay 
        grades O-9 and O-10;
            ``(5) identification of persistent, group-specific 
        deviations from overall averages and plans to investigate 
        underlying causes; and
            ``(6) summaries of progress made on previous actions.''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of chapter 51 of such title is amended by inserting 
        after the item relating to section 5104 the following new item:

``5104a. Quadrennial report on diversity and inclusion.''.
    (d) Consideration of Diversity in Appointments of Officers to O-9 
and O-10 Grades.--
            (1) Army, navy, air force, marine corps, and space force.--
        Section 601 of title 10, United States Code is amended by 
        adding at the end the following new subsections:
    ``(e) The Chairman of the Joint Chiefs of Staff shall consider all 
Asian American, Native Hawaiian, Pacific Islander, African American, 
Hispanic, Puerto Rican, Native American, Alaska Native and female 
candidates prior to recommending to the President an initial 
appointment to the grade of lieutenant general or vice admiral, or an 
initial appointment to the grade of general or admiral under subsection 
(a).
    ``(f) When seeking the advice and consent of the Senate for the 
appointment of an officer under subsection (a), the President shall 
submit to the Committee on Armed Services of the Senate a 
certification--
            ``(1) that all Asian American, Native Hawaiian, Pacific 
        Islander, African American, Hispanic, Puerto Rican, Native 
        American, Alaska Native and female candidates were considered 
        for appointment; and
            ``(2) that--
                    ``(A) none of the candidates under paragraph (1) 
                met the qualifications needed by an officer serving in 
                that position or office to carry out effectively the 
                duties and responsibilities of that position or office; 
                or
                    ``(B) the officers currently serving in the 
                positions designated under subsection (a) represent the 
                diversity of the armed forces to the extent 
                practicable.''.
            (2) O-9 grades in coast guard.--Section 305(a) of title 14, 
        United States Code, is amended by adding at the end the 
        following new paragraphs:
    ``(4) The Commandant shall consider all Asian American, Native 
Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, 
Native American, Alaska Native and female candidates prior to 
recommending to the President an initial appointment to the grade of 
vice admiral under this subsection.
    ``(5) When seeking the advice and consent of the Senate for the 
appointment of an officer under paragraph (2), the President shall 
submit to the committee of the Senate with jurisdiction over the 
department in which the Coast Guard is operating a certification--
            ``(A) that all Asian American, Native Hawaiian, Pacific 
        Islander, African American, Hispanic, Puerto Rican, Native 
        American, Alaska Native and female candidates were considered 
        for appointment; and
            ``(B) that--
                    ``(i) none of the candidates under subparagraph (A) 
                met the qualifications needed by an officer serving in 
                that position or office to carry out effectively the 
                duties and responsibilities of that position or office; 
                or
                    ``(ii) the officers currently serving in the 
                positions designated under paragraph (1) represent the 
                diversity of the Coast Guard to the extent 
                practicable.''.

SEC. 5. REPORT ON DEMOGRAPHICS OF OFFICERS APPOINTED TO CERTAIN GRADES.

    Not later than the first October 1 to occur after the date of the 
enactment of this Act, and annually thereafter, each Secretary of a 
military department shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report summarizing the 
gender and race of each individual who received an appointment under 
section 531 or 601 of title 10, United States Code, during the 
immediately preceding fiscal year.

SEC. 6. MENTORING AND CAREER COUNSELING PROGRAM.

    (a) Program Required.--
            (1) In general.--Chapter 107 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2158. Mentoring and career counseling program
    ``(a) In General.--The Secretary of Defense, in coordination with 
the Secretaries of the military departments and the Chief Diversity 
Officer, shall carry out a program for mentoring and career counseling 
that--
            ``(1) ensures that the occupancy of each military 
        occupational specialty and career field reflects the 
        demographics of the armed forces; and
            ``(2) ensures that the membership of each grade of each 
        armed force reflects the demographics of the armed forces.
    ``(b) Program Description and Components.--The program under 
subsection (a) shall--
            ``(1) include mentoring and career counseling efforts that 
        start prior to the initial career field decision point and 
        continue throughout the career of each participating member;
            ``(2) provide guidance on accession into the military 
        occupational specialties and career fields that experience the 
        highest rates and greatest number of promotions to a grade 
        above O-6; and
            ``(3) promote information regarding career choices, 
        including opportunities in the reserve components, to optimize 
        the ability of a participating member to make informed career 
        choices from accession to retirement.
    ``(c) Evaluation Metrics.--The Secretary shall establish and 
maintain metrics to evaluate the effectiveness of the program under 
this section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 107 of such title is amended by at the end 
        the following new item:

``2158. Mentoring and career counseling program.''.
    (b) Interim Report.--
            (1) Report required.--Not later than 120 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall submit to the congressional defense committees a report 
        on the implementation of section 2158 of title 10, United 
        States Code, as added by subsection (a).
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) A description and assessment of the manner in 
                which the Department of Defense shall implement the 
                program under subsection (a) of such section 2158.
                    (B) The initial evaluation metrics developed under 
                subsection (c) of such section 2158.
                    (C) An explanation of whether the program will be 
                carried out as part of another program of the 
                Department or through the establishment of a separate 
                program.
                    (D) A comprehensive description of the additional 
                personnel, resources, and training that will be 
                required to implement the program, including 
                identification of the specific number of additional 
                billets that will be needed to staff the program.
                    (E) Recommendations of the Secretary for additional 
                legislation that the Secretary determines necessary to 
                effectively and efficiently implement the program.
    (c) Annual Report.--
            (1) Report required.--Not later than October 1, 2022, and 
        annually thereafter for three years, the Secretary of Defense 
        shall submit to the congressional defense committees a report 
        on the program under section 2158 of title 10, United States 
        Code, as added by subsection (a).
            (2) Elements.--Each report under paragraph (1) shall 
        include, disaggregated by Armed Force, the following:
                    (A) The most current evaluation metrics developed 
                under subsection (c) of such section 2158.
                    (B) The number of individuals, disaggregated by 
                grade, ethnicity, race, and gender, who were eligible 
                for participation in the program.
                    (C) An assessment of the effectiveness of the 
                program in advancing the careers of minority 
                commissioned officers.
    (d) Publication.--The Secretary of Defense shall--
            (1) publish on an appropriate publicly available website of 
        the Department of Defense the reports required by subsections 
        (b) and (c); and
            (2) ensure that any data included with each such report is 
        made available in a machine-readable format that is 
        downloadable, searchable, and sortable.
    (e) Implementation Date.--The Secretary of Defense shall implement 
the program under section 2158 of title 10, United States Code, as 
added by subsection (a), not later than one year after the date of the 
enactment of this Act.
    (f) Definitions.--In this section:
            (1) The term ``congressional defense committees'' has the 
        meaning given that term in section 101(a)(16) of title 10, 
        United States Code.
            (2) The term ``minority person'' means any individual who 
        is a citizen of the United States and who is--
                    (A) Asian American;
                    (B) Native Hawaiian;
                    (C) a Pacific Islander;
                    (D) African American;
                    (E) Hispanic;
                    (F) Puerto Rican;
                    (G) Native American;
                    (H) an Alaska Native; or
                    (I) female.
            (3) The term ``minority commissioned officer'' means any 
        commissioned officer who is a minority person.
            (4) The term ``machine-readable'' has the meaning given 
        that term in section 3502(18) of title 44, United States Code.

SEC. 7. DIVERSITY IN SELECTION BOARDS AND RECORD KEEPING BY SELECTION 
              BOARDS.

    (a) Diverse Membership.--
            (1) Active duty selection boards.--
                    (A) Officers.--Section 612(a)(1) of title 10, 
                United States Code, is amended by adding at the end the 
                following new sentence: ``The members of a selection 
                board shall represent the diversity of the armed forces 
                to the extent practicable.''.
                    (B) Warrant officers.--Section 573(b) of such title 
                is amended by adding at the end the following new 
                sentence: ``The members of a selection board shall 
                represent the diversity of the armed forces to the 
                extent practicable.''.
            (2) Reserve components selection boards.--Section 14102(b) 
        of such title is amended by adding at the end the following new 
        sentence: ``The members of a selection board shall represent 
        the diversity of the armed forces to the extent practicable.''.
            (3) Other selection boards.--
                    (A) In general.--The Secretary of Defense shall 
                ensure that the members of each selection board 
                described in subparagraph (B) represent the diversity 
                of the armed forces to the extent practicable.
                    (B) Selection board described.--A selection board 
                described in this subparagraph is any selection board 
                used with respect to the promotion, education, or 
                command assignments of members of the Armed Forces that 
                is not covered by the amendments made by this 
                subsection.
    (b) Record Keeping.--
            (1) Active duty selection board records.--Section 618 of 
        title 10, United States Code, is amended by adding at the end 
        the following new subsection:
    ``(h) The Secretary concerned shall require that the following 
information be retained for a period of not less than 10 years:
            ``(1) An appointment to a selection board under section 612 
        of this title.
            ``(2) Information furnished to a selection board under 
        section 615 of this title.
            ``(3) Each report of a selection board submitted under 
        section 617(a) of this title.
            ``(4) Actions taken under this section.''.
            (2) Other selection boards.--
                    (A) In general.--The Secretary of Defense shall 
                ensure the following information associated with a 
                selection board described in subparagraph (B) be 
                retained for a period of not less than 10 years:
                            (i) An appointment to the selection board.
                            (ii) Information furnished to the selection 
                        board.
                            (iii) Each report of the selection board.
                            (iv) Actions taken in response to a report 
                        described by clause (iii).
                    (B) Selection board described.--A selection board 
                described in this subparagraph is any selection board 
                used with respect to the promotion, education, or 
                command assignments of members of the Armed Forces that 
                is not covered by the amendment made by paragraph (1).

SEC. 8. REDACTION OF PERSONALLY IDENTIFIABLE INFORMATION FROM RECORDS 
              FURNISHED TO A PROMOTION BOARD.

    (a) Active-Duty Officers.--Section 615(b) of title 10, United 
States Code, is amended--
            (1) by redesignating paragraphs (1) through (6) as 
        subparagraphs (A) through (F), respectively;
            (2) in the matter preceding subparagraph (A), as 
        redesignated by paragraph (1), by inserting ``(1)'' before 
        ``The Secretary'';
            (3) in subparagraph (C), as so redesignated, by striking 
        ``whose name is furnished to the board'' and inserting ``under 
        consideration by the board for promotion'';
            (4) by striking subparagraph (B), as so redesignated, and 
        further redesignating subparagraphs (C) through (F), as so 
        redesignated, as subparagraphs (B) through (E), respectively; 
        and
            (5) by adding at the end the following new paragraph:
    ``(2) The Secretary of the military department concerned shall 
redact any personally identifiable information from the information 
furnished to a selection board under this section.''.
    (b) Reserve Officers.--Section 14107(b) of title 10, United States 
Code, is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), respectively;
            (2) in the matter preceding subparagraph (A), as 
        redesignated by paragraph (1), by inserting ``(1)'' before 
        ``The Secretary'';
            (3) in subparagraph (C), as so redesignated, by striking 
        ``whose name is furnished to the board'' and inserting ``under 
        consideration by the board for promotion'';
            (4) by striking subparagraph (B), as so redesignated, and 
        further redesignating subparagraphs (C) through (E), as so 
        redesignated, as subparagraphs (B) through (D), respectively; 
        and
            (5) by adding at the end the following new paragraph:
    ``(2) The Secretary of the military department concerned shall 
redact any personally identifiable information from the information 
furnished to a promotion board under this section.''.
    (c) Enlisted Members.--Each Secretary of a military department 
shall prescribe regulations that require the redaction of any 
personally identifiable information from the information furnished to a 
board that considers for promotion an enlisted member of an Armed Force 
under the jurisdiction of that Secretary.

SEC. 9. PLANS TO INCREASE FEMALE AND MINORITY REPRESENTATION IN THE 
              ARMED FORCES.

    (a) Plans Required.--The Secretary of Defense and each Secretary of 
a military department shall develop plans to increase, with respect to 
female and minority members of the Armed Forces under the jurisdiction 
of that Secretary, the following:
            (1) Recruitment.
            (2) Retention.
            (3) Representation in grades above E-7.
    (b) Elements.--Each plan developed under this section shall include 
clearly defined goals, performance measures, and timeframes.
    (c) Goals.--A goal under subsection (b) shall be to exceed, by not 
less than 100 percent, the rate at which the number of members 
described in subsection (a)(3) increased during the five years 
immediately preceding the date of the enactment of this Act.
    (d) Submittal.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense and each Secretary of a 
military department shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a copy of each plan 
developed under this section by that Secretary.
    (e) Report.--Three months after submitting a plan under subsection 
(d), and quarterly thereafter for five years, each Secretary of a 
military department shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report indicating the 
number of female and minority members in grades above E-7 in each Armed 
Force under the jurisdiction of that Secretary.

SEC. 10. SPECIAL INSPECTOR GENERAL FOR RACIAL AND ETHNIC DISPARITIES IN 
              THE ARMED FORCES AND OTHER INSPECTOR GENERAL MATTERS.

    (a) Special Inspector General for Racial and Ethnic Disparities in 
the Armed Forces.--
            (1) Purposes.--The purposes of this section are the 
        following:
                    (A) To provide for the independent and objective 
                conduct and supervision of audits and investigations 
                relating to racial and ethnic disparities in military 
                personnel and military justice systems, and white 
                supremacy among military personnel.
                    (B) To provide recommendations to the Secretary of 
                Defense and to Congress on actions necessary to 
                eliminate racial and ethnic disparities in military 
                personnel and military justice systems.
            (2) Office of inspector general.--To carry out the purposes 
        specified in paragraph (1), there is hereby established in the 
        Department of Defense the Office of the Special Inspector 
        General for Racial and Ethnic Disparities in the Armed Forces.
            (3) Appointment of inspector general.--
                    (A) Nomination; appointment.--The head of the 
                Office of the Special Inspector General for Racial and 
                Ethnic Disparities in the Armed Forces is the Special 
                Inspector General for Racial and Ethnic Disparities (in 
                this section referred to as the ``Inspector General''), 
                who shall be appointed by the President, by and with 
                the advice and consent of the Senate.
                    (B) Qualifications.--The appointment of the 
                Inspector General shall be made solely on the basis of 
                integrity and demonstrated ability in accounting, 
                auditing, financial analysis, law, management analysis, 
                public administration, or investigations.
                    (C) Deadline for nomination.--The first nomination 
                of an individual as Inspector General shall be made not 
                later than 90 days after the date of the enactment of 
                this Act.
                    (D) Compensation.--The annual rate of basic pay of 
                the Inspector General shall be the annual rate of basic 
                pay provided for positions at level IV of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code.
                    (E) Prohibition on political activities.--For 
                purposes of section 7324 of title 5, United States 
                Code, the Inspector General shall not be considered an 
                employee who determines policies to be pursued by the 
                United States in the nationwide administration of 
                Federal law.
                    (F) Removal.--The Inspector General shall be 
                removable from office in accordance with the provisions 
                of section 3(b) of the Inspector General Act of 1978 (5 
                U.S.C. App.).
            (4) Assistant inspector general.--The Inspector General 
        shall, in accordance with applicable laws and regulations 
        governing the civil service, appoint an Assistant Inspector 
        General for Military Justice who shall have the responsibility 
        for auditing and investigation activities relating to racial 
        and ethnic disparities within the military justice system.
            (5) Supervision.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Inspector General shall report directly to, 
                and be under the general supervision of, the Secretary 
                of Defense.
                    (B) Independence to conduct investigations and 
                audits.--No officer of the Department of Defense shall 
                prevent or prohibit the Inspector General from 
                initiating, carrying out, or completing any audit or 
                investigation related to racial and ethnic disparities 
                or from issuing any subpoena during the course of any 
                such audit or investigation.
            (6) Duties.--
                    (A) Oversight of military justice.--It shall be the 
                duty of the Inspector General to conduct, supervise, 
                and coordinate audits and investigations of--
                            (i) the effect of military justice policies 
                        and practices on racial and ethnic disparities, 
                        including overrepresentation of minorities in 
                        actions related to investigations, courts-
                        martial, nonjudicial punishments, and other 
                        military justice actions as determined by the 
                        Inspector General;
                            (ii) the effect of military personnel 
                        policies and practices, including recruiting, 
                        accessions, and promotions, on racial and 
                        ethnic disparities, including 
                        underrepresentation of minorities among members 
                        of the Armed Forces under the jurisdiction of 
                        the Secretary of a military department in 
                        grades above E-7;
                            (iii) the scope and efficacy of existing 
                        diversity and inclusion offices and programs 
                        within the Department of Defense; and
                            (iv) white supremacist activities among 
                        military personnel and any other issues, 
                        determined by the Inspector General, necessary 
                        to address racial and ethnic disparities within 
                        the Armed Forces under the jurisdiction of the 
                        Secretary of a military department.
                    (B) Other duties related to oversight.--The 
                Inspector General shall establish, maintain, and 
                oversee such systems, procedures, and controls as the 
                Inspector General considers appropriate to discharge 
                the duties under subparagraph (A).
                    (C) Duties and responsibilities under inspector 
                general act of 1978.--In addition to the duties 
                specified in subparagraphs (A) and (B), the Inspector 
                General shall also have the duties and responsibilities 
                of inspectors general under the Inspector General Act 
                of 1978.
                    (D) Coordination of efforts.--In carrying out the 
                duties, responsibilities, and authorities of the 
                Inspector General under this subsection, the Inspector 
                General shall coordinate with, and receive the 
                cooperation of each of the following:
                            (i) The Inspector General of the Department 
                        of Defense.
                            (ii) The Inspector General of the Army.
                            (iii) The Inspector General of the Navy.
                            (iv) The Inspector General of the Air 
                        Force.
            (7) Powers and authorities.--
                    (A) Authorities under inspector general act of 
                1978.--In carrying out the duties specified in 
                paragraph (6), the Inspector General shall have the 
                authorities provided in section 6 of the Inspector 
                General Act of 1978.
                    (B) Audit standards.--The Inspector General shall 
                carry out the duties specified in paragraph (6)(A) in 
                accordance with section 4(b)(1) of the Inspector 
                General Act of 1978.
            (8) Personnel, facilities, and other resources.--
                    (A) Personnel.--The Inspector General may select, 
                appoint, and employ such officers and employees as may 
                be necessary for carrying out the duties of the 
                Inspector General, subject to the provisions of title 
                5, United States Code, governing appointments in the 
                competitive service, and the provisions of chapter 51 
                and subchapter III of chapter 53 of such title, 
                relating to classification and General Schedule pay 
                rates.
                    (B) Employment of experts and consultants.--The 
                Inspector General may obtain services as authorized by 
                section 3109 of title 5, United States Code, at daily 
                rates not to exceed the equivalent rate prescribed for 
                grade GS-15 of the General Schedule by section 5332 of 
                such title.
                    (C) Contracting authority.--To the extent and in 
                such amounts as may be provided in advance by 
                appropriations Acts, the Inspector General may enter 
                into contracts and other arrangements for audits, 
                studies, analyses, and other services with public 
                agencies and with private persons, and make such 
                payments as may be necessary to carry out the duties of 
                the Inspector General.
                    (D) Resources.--The Secretary of Defense, as 
                appropriate, shall provide the Inspector General with 
                appropriate and adequate office space at appropriate 
                locations of the Department of Defense, together with 
                such equipment, office supplies, and communications 
                facilities and services as may be necessary for the 
                operation of such offices, and shall provide necessary 
                maintenance services for such offices and the equipment 
                and facilities located therein.
                    (E) Assistance from federal agencies.--
                            (i) In general.--Upon request of the 
                        Inspector General for information or assistance 
                        from any department, agency, or other entity of 
                        the Federal Government, the head of such entity 
                        shall, insofar as is practicable and not in 
                        contravention of any existing law, furnish such 
                        information or assistance to the Inspector 
                        General, or an authorized designee.
                            (ii) Reporting of refused assistance.--
                        Whenever information or assistance requested by 
                        the Inspector General is, in the judgment of 
                        the Inspector General, unreasonably refused or 
                        not provided, the Inspector General shall 
                        report the circumstances to the Secretary of 
                        Defense, as appropriate, and to the appropriate 
                        congressional committees without delay.
            (9) Reports.--
                    (A) Quarterly reports.--Not later than 30 days 
                after the end of each fiscal-year quarter, the 
                Inspector General shall submit to the Secretary of 
                Defense and the congressional defense committees a 
                report summarizing the activities of the Inspector 
                General for the previous quarter.
                    (B) Annual reports.--The Inspector General shall 
                submit to the Secretary of Defense and the 
                congressional defense committees each year a report 
                presenting recommendations for changes to policy, 
                practice, regulation, and statute to eliminate 
                disparities within the military personnel and military 
                justice systems and to eliminate white supremacist 
                activities among military personnel.
                    (C) Occasional reports.--The Inspector General may, 
                from time to time, submit additional reports containing 
                findings and recommendations at the discretion of the 
                Inspector General.
                    (D) Online publication.--The Inspector General 
                shall publish each report under this paragraph on a 
                publicly available website not later than seven days 
                after submission to the Secretary of Defense and the 
                congressional defense committees.
                    (E) Congressional defense committees defined.--In 
                this paragraph, the term ``congressional defense 
                committees'' has the meaning given that term in section 
                101(a)(16) of title 10, United States Code.
            (10) Funding.--This section shall be carried out using not 
        more than $10,000,000 of funds authorized to be appropriated in 
        this Act for Operation and Maintenance, Defense-wide, and no 
        additional amounts are authorized to be appropriated to carry 
        out this section.
    (b) Amendments to the Inspector General Act.--The Inspector General 
Act of 1978 (5 U.S.C. App.) is amended--
            (1) in section 3(b)--
                    (A) by inserting ``(1)'' before ``An Inspector 
                General'';
                    (B) by inserting after the first sentence the 
                following: ``An Inspector General may only be removed 
                by the President before the expiration of the term of 
                the Inspector General for permanent incapacity, neglect 
                of duty, malfeasance, conviction of a felony or conduct 
                involving moral turpitude, knowing violation of a law, 
                gross mismanagement, gross waste of funds, or abuse of 
                authority.''; and
                    (C) by adding at the end the following new 
                paragraphs:
    ``(2) If an Inspector General is removed by the President under 
paragraph (1) fewer than 30 days after the President has communicated 
in writing the reasons for such removal pursuant to paragraph (1), the 
Inspector General shall submit to the Council of the Inspectors General 
on Integrity and Efficiency a report that includes the following 
information:
            ``(A) A description of the facts and circumstances of each 
        investigation involving a senior government employee (as 
        defined in section 5 of this Act) being conducted by that 
        Inspector General at the time of such removal.
            ``(B) Any other matter that the Inspector General 
        determines to include.
    ``(3) Any individual serving as the head of an Office of Inspector 
General, after the removal of an Inspector General under paragraph (1), 
shall issue to the Council of the Inspectors General on Integrity and 
Efficiency a report identifying any instances in which an investigation 
or matter described in paragraph (2) is closed prior to its completion, 
with a description of the reasons for closing the investigation or 
matter.''; and
            (2) in section 8G(e), by adding at the end the following 
        new paragraph:
    ``(3) In the event of the removal of an Inspector General, the 
Council of the Inspectors General on Integrity and Efficiency shall--
            ``(A) investigate the reasons for removal provided by the 
        President;
            ``(B) publish a report including the determination of the 
        Council whether the reasons described in subparagraph (A) are 
        in accordance with the relevant provisions relating to for 
        cause removal;
            ``(C) review any investigation that was being conducted by 
        the Inspector General at the time of such removal; and
            ``(D) submit, to the congressional committees the Council 
        determine to be relevant, a report that includes the 
        determination of the Council whether an investigation described 
        in subparagraph (C) motivated such removal.''.

SEC. 11. TRACKING MECHANISM AND REPORTING REQUIREMENTS FOR SUPREMACIST, 
              EXTREMIST, AND CRIMINAL GANG ACTIVITY IN THE ARMED 
              FORCES.

    (a) Process Required.--The Secretary of Defense shall develop and 
implement a process to track investigations, criminal and 
administrative actions, and final determinations with respect to 
conduct of members of the covered Armed Forces that is prohibited under 
Department of Defense Instruction 1325.06, titled ``Handling Dissident 
and Protest Activities Among Members of the Armed Forces'', or any 
successor instruction.
    (b) Elements.--The process under subsection (a) shall include the 
following:
            (1) A mechanism that military criminal investigative 
        organizations may use--
                    (A) to track criminal investigations into the 
                prohibited conduct described in subsection (a), 
                including a mechanism to track those investigations 
                that are forwarded to commanders for administrative 
                action;
                    (B) to provide relevant information from criminal 
                investigations and administrative actions to civilian 
                law enforcement agencies; and
                    (C) to track final administrative actions taken 
                with respect to investigations that are referred to 
                commanders.
            (2) A mechanism commanders may use to provide information 
        to military criminal investigative organizations on any serious 
        conduct under consideration for administrative action or any 
        final administrative actions taken with respect to the 
        prohibited conduct described in subsection (a).
            (3) A standardized database, shared among the covered Armed 
        Forces, to ensure that the tracking required under subsection 
        (a) is carried out in the same manner across such Armed Forces.
    (c) Reports.--Not later than December 1 of each year beginning 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate congressional committees a report on 
the process implemented under subsection (a). Each report shall 
include--
            (1) the number of investigations, criminal and 
        administrative actions, and final determinations tracked over 
        the preceding year; and
            (2) of the actions enumerated under paragraph (1), the 
        number of instances in which information on the conduct of a 
        member of the covered Armed Forces was referred to civilian law 
        enforcement agencies as a result of the investigation or 
        action.
    (d) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on the Judiciary and the 
                Committee on Armed Services of the Senate; and
                    (B) the Committee on the Judiciary and the 
                Committee on Armed Services of the House of 
                Representatives.
            (2) The term ``covered Armed Forces'' means the Army, the 
        Navy, the Air Force, the Marine Corps, and the Space Force.

SEC. 12. PUNITIVE ARTICLE ON VIOLENT EXTREMISM.

    (a) Violent Extremism.--
            (1) In general.--Subchapter X of chapter 47 of title 10, 
        United States Code, is amended by inserting after section 916 
        (article 116 of the Uniform Code of Military Justice) the 
        following new section (article):
``Sec. 916a. Art. 116a. Violent extremism
    ``(a) Prohibition.--Any person subject to this chapter who--
            ``(1) knowingly commits a covered offense against--
                    ``(A) the Government of the United States; or
                    ``(B) any person or class of people;
            ``(2)(A) with the intent to intimidate or coerce any person 
        or class of people; or
            ``(B) with the intent to influence, affect, or retaliate 
        against the policy or conduct of the Government of the United 
        States or any State; and
            ``(3) does so--
                    ``(A) to achieve political, ideological, religious, 
                social, or economic goals; or
                    ``(B) in the case of an act against a person or 
                class of people, for reasons relating to the race, 
                religion, color, ethnicity, sex, age, disability 
                status, national origin, sexual orientation, or gender 
                identity of the person or class of people concerned;
is guilty of violent extremism and shall be punished as a court-martial 
may direct.
    ``(b) Attempts, Solicitation, and Conspiracy.--Any person who 
attempts, solicits, or conspires to commit an offense under this 
section shall be punished in the same manner as a person who completes 
the offense.
    ``(c) Definitions.--In this section:
            ``(1) Covered offense.--The term `covered offense' means--
                    ``(A) loss, damage, destruction, or wrongful 
                disposition of military property of the United States, 
                in violation of section 908 of this title (article 
                108);
                    ``(B) waste, spoilage, or destruction of property 
                other than military property of the United States, in 
                violation of section 909 of this title (article 109);
                    ``(C) communicating threats, in violation of 
                section 915 of this title (article 115);
                    ``(D) riot or breach of peace, in violation of 
                section 916 of this title (article 116);
                    ``(E) provoking speech or gestures, in violation of 
                section 917 of this title (article 117);
                    ``(F) murder, in violation of section 918 of this 
                title (article 118);
                    ``(G) manslaughter, in violation of section 919 of 
                this title (article 119);
                    ``(H) larceny or wrongful appropriation, in 
                violation of section 921 of this title (article 121);
                    ``(I) robbery, in violation of section 922 of this 
                title (article 122);
                    ``(J) kidnapping, in violation of section 925 of 
                this title (article 125);
                    ``(K) assault, in violation of section 928 of this 
                title (article 128);
                    ``(L) conspiracy to commit an offense specified in 
                any of subparagraphs (A) through (K), as punishable 
                under section 881 of this title (article 81);
                    ``(M) solicitation to commit an offense specified 
                in any of subparagraphs (A) through (K), as punishable 
                under section 882 of this title (article 82); or
                    ``(N) an attempt to commit an offense specified in 
                any of subparagraphs (A) through (K), as punishable 
                under section 880 of this title (article 80).
            ``(2) State.--The term `State' includes any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and any other possession or territory of the 
        United States.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by inserting after the 
        item relating to section 916 (article 116) the following new 
        item:

``916a. 116a. Violent extremism.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
to offenses committed on or after such date.

SEC. 13. PLAN TO IMPROVE RESPONSES TO PREGNANCY AND CHILDBIRTH BY 
              MEMBERS OF THE ARMED FORCES AND EMPLOYEES OF THE 
              DEPARTMENT OF DEFENSE.

    (a) Plan Required.--The Secretary of Defense, in coordination with 
the Secretaries of the military departments, shall develop a plan to 
ensure that the career of a covered individual is not unduly affected 
because of being a covered individual. The plan shall address the 
following policy considerations:
            (1) Enforcement and implementation of the Pregnancy 
        Discrimination Act (Public Law 95-555; 42 U.S.C. 2000e(k)) by 
        the Department of Defense and the Equal Employment Opportunity 
        Commission with regards to civilian employees of the Department 
        of Defense.
            (2) The need for individual determinations regarding the 
        ability of members of the Armed Forces to serve during and 
        after pregnancy.
            (3) Responses to the effects specific to covered 
        individuals who reintegrate into home life after deployment.
            (4) Pregnancy discrimination training, including 
        comprehensive education of new policies to diminish stigma, 
        stereotypes, and negative perceptions regarding covered 
        individuals, including with regards to commitment to the Armed 
        Forces and abilities.
            (5) Opportunities to maintain readiness when positions are 
        unfilled due to pregnancy, medical conditions arising from 
        pregnancy or childbirth, pregnancy convalescence, or parental 
        leave.
            (6) Reasonable accommodations for covered individuals in 
        general and specific accommodations based on career field or 
        military occupational specialty.
            (7) Reissuing school enrollments or special assignments to 
        covered individuals.
            (8) Extended assignments and performance reporting periods 
        for covered individuals.
            (9) A mechanism by which covered individuals may report 
        harassment or discrimination, including retaliation, relating 
        to being a covered individual.
    (b) Report on Plan.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report detailing the plan required under this 
section and a strategy to implement the plan.
    (c) Implementation.--Not later than two years after the date of the 
enactment of this Act, the Secretary shall--
            (1) complete implementation of the plan under this section; 
        and
            (2) submit to the congressional defense committees a report 
        detailing the research performed, considerations, and policy 
        changes implemented under this section.
    (d) Definitions.--In this section:
            (1) The term ``congressional defense committees'' has the 
        meaning given that term in section 101(a)(16) of title 10, 
        United States Code.
            (2) The term ``covered individual'' means a member of the 
        Armed Forces or civilian employee of the Department of Defense 
        who--
                    (A) is pregnant;
                    (B) gives birth to a child; or
                    (C) incurs a medical condition arising from 
                pregnancy or childbirth.

SEC. 14. IMPROVEMENT TO BREAST CANCER SCREENING.

    Section 1074d(b)(2) of title 10, United States Code, is amended by 
inserting before the period at the end the following: ``, including 
through the use of digital breast tomosynthesis''.

SEC. 15. PILOT PROGRAM ON TEMPORARY ISSUANCE OF MATERNITY-RELATED 
              UNIFORM ITEMS.

    (a) Pilot Program.--The Director of the Defense Logistics Agency, 
in coordination with the Secretaries concerned, shall carry out a pilot 
program under which each Secretary concerned shall establish an office 
for issuing maternity-related uniform items to pregnant members of the 
Armed Forces, on a temporary basis and at no cost to such members. In 
carrying out the pilot program, the following actions shall be taken:
            (1) The Director shall ensure that offices under the pilot 
        program maintain a stock of each type of maternity-related 
        uniform item determined necessary by the Secretary concerned, 
        including service uniforms items, utility uniform items, and 
        other items relating to the command and duty assignment of the 
        member requiring issuance.
            (2) The Director shall ensure that such items have not been 
        treated with the chemical permethrin.
            (3) The Director, in coordination with the Secretary 
        concerned, shall determine a standard number of maternity-
        related uniform items that may be issued per member.
            (4) The Secretary concerned shall ensure that any member 
        receiving a maternity-related uniform item returns such item to 
        the applicable office established under the pilot program on 
        the date on which the Secretary concerned determines the member 
        no longer requires such item.
            (5) The Secretary concerned shall inspect, process, repair, 
        clean, and re-stock items returned by a member pursuant to 
        paragraph (4) for re-issuance from such office.
            (6) The Director, in coordination with the Secretaries 
        concerned, may issue such guidance and regulations as necessary 
        to carry out the pilot program.
    (b) Termination.--No maternity-related uniform items may be issued 
to a member of the Armed Forces under the pilot program after September 
30, 2026.
    (c) Report.--Not later than September 30, 2025, the Director of the 
Defense Logistics Agency, in coordination with the Secretaries 
concerned, shall submit to the congressional defense committees a 
report on the pilot program. Such report shall include each of the 
following:
            (1) For each year during which the pilot program was 
        carried out, the number of members of the Armed Forces who 
        received a maternity-related uniform item under the pilot 
        program.
            (2) An overview of the costs associated with, and any 
        savings realized by, the pilot program, including a comparison 
        of the cost of maintaining a stock of maternity-related uniform 
        items for issuance under the pilot program versus the cost of 
        providing allowances to members for purchasing such items.
            (3) A recommendation on whether the pilot program should be 
        extended after the date of termination under subsection (b) and 
        whether legislation is necessary for such extension.
            (4) Any other matters that the Secretary of Defense 
        determines appropriate.
    (d) Definitions.--In this section, the terms ``congressional 
defense committees'' and ``Secretary concerned'' have the meaning given 
those terms in section 101(a) of title 10, United States Code.
    (e) Funding.--Of the amounts authorized to be appropriated for 
fiscal year 2021 for the Department of Defense for operation and 
maintenance, Defense-wide, $10,000,000 shall be available to carry out 
the pilot program.
                                 <all>