Sec. 571. Diversity and inclusion reporting requirements
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/bill/116/hr/6395/rh/section-571A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 113 of title 10, United States Code is amended— in subsection (c)— by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; and by inserting after paragraph (1), the following new paragraph (2): a report from each military department on the goals, barriers, and status of diversity and inclusion of that military department; ; and 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 ranks. ; by redesignating subsections
(m)and
(n)as subsections
(n)and (o), respectively; and by inserting after subsection (k), the following new subsections
(l)and (m): The Secretary of Defense shall establish and maintain a standard set of strategic metrics and benchmarks toward objectives of: an officer and enlisted corps that reflects the eligible U.S. population across all armed forces and ranks; and 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. In implementing the requirement in paragraph (1), the Secretary shall— establish a universal data collection system to ensure comparability across each military department; establish standard definitions of demographic groups, a common methodology, and a common reporting structure across each military department; conduct annual barrier analyses to review demographic diversity patterns across the military life cycle, starting with accessions; and 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 objective under paragraph
(1)and establish recommendations to meet such objective. The Secretary shall include in each national defense strategy under subsection (g)— the demographics, disaggregated by grade, ethnicity, race, gender, and military occupational specialty, for— accession into the armed forces; the enlisted corps; the commissioned officers; graduates of the military service academies; the rate of promotion in the promotion zone; the rate of promotion below the zone for promotion; the rates of retention; command selection; special assignments; career broadening assignments; aides to general officers and flag officers; and any other matter the Secretary determines appropriate; an analysis of assignment patterns by ethnicity, race, and gender; an analysis of attitudinal survey data by ethnicity, race, and gender; 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 pay grades O–9 and O–10; identification of persistent, group-specific deviations from overall averages and plans to investigate underlying causes; and summaries of progress made on previous actions. . Section 10504 of title 10, United States Code is amended by adding at the end the following new subsection (d): Not less than once every four years, the Chief of the National Guard Bureau shall report in writing to the Secretary of Defense and the Congress on the status of diversity in each State, Territory, and the District of Columbia for all ranks of the Army and Air National Guard. Each report under paragraph
(1)shall include— the demographics, disaggregated by State, grade, ethnicity, race, gender, and military occupational specialty, for— accession into the National Guard; the enlisted corps; the commissioned officers; the rate of promotion in the promotion zone; the rate of promotion below the zone for promotion; the rates of retention; command selection; special assignments; career broadening assignments; aides to a general officer; and any other matter the Chief of the National Guard Bureau determines appropriate; an analysis of assignment patterns by ethnicity, race, and gender; an analysis of attitudinal survey data by ethnicity, race, and gender; 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 pay grades O–9 and O–10; identification of persistent, group-specific deviations from overall averages and plans to investigate underlying causes; and summaries of progress made on previous actions. The Chief of the National Guard Bureau shall— publish on an appropriate publicly available website of the National Guard the reports required under paragraph (1); and ensure that any data included with the report is made available in a machine-readable format that is downloadable, searchable, and sortable. . Section 5101 of title 14, United States Code is amended— in subsection (b)— by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; and by inserting after paragraph (1), the following new paragraph (2): the goals, barriers, and status of diversity and inclusion; ; and by adding at the end the following new subsection (c): Not less than once every four years, the Secretary shall include in the annual request under subsection (a)— the demographics, disaggregated by grade, ethnicity, race, gender, and military occupational specialty, for— accession into the Coast Guard; the enlisted corps; the commissioned officers; graduates of the Coast Guard Academy; the rate of promotion in the promotion zone; the rate of promotion below the zone for promotion; the rates of retention; command selection; special assignments; career broadening assignments; aides to a flag officer; and any other matter the Secretary determines appropriate; an analysis of assignment patterns by ethnicity, race, and gender; an analysis of attitudinal survey data by ethnicity, race, and gender; 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 pay grades O–9 and O–10; identification of persistent, group-specific deviations from overall averages and plans to investigate underlying causes; and summaries of progress made on previous actions. . Section 601 of title 10, United States Code is amended by adding at the end the following new subsections: 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. When seeking the advice and consent of the Senate under subsection (a), the President shall submit to the Committee on Armed Services of the Senate a certification 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 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 the officers in the positions designated under subsection
(a)represent the diversity of the armed forces to the extent practicable. . Section 305(a) of title 14, United States Code, is amended by adding at the end the following new paragraphs: 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, or an initial appointment to the grade of admiral. When seeking the advice and consent of the Senate under subsection (a), the President shall submit to the committee of the Senate with jurisdiction over the department in which the Coast Guard is operating a certification 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 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 the officers in the positions designated under subsection
(a)represent the diversity of the armed forces to the extent practicable. .