Sec. 551. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS AND RELATED MATTERS
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## SEC. 551 DIVERSITY AND INCLUSION REPORTING REQUIREMENTS AND RELATED MATTERS ###
(a)Standard Diversity and Inclusion Metrics and Annual Report Requirements ####
(1)In general Section 113 of title 10, United States Code, is amended— #####
(A)in subsection (c)— ######
(i)by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; and ######
(ii)by inserting after paragraph
(1)the following new paragraph (2): > > #### “(2) > > a report from each military department on the status of diversity and inclusion in such department;” > ; #####
(B)in subsection (g)(1)(B), by inserting after clause (vi), the following new clause (vii): > > ###### “(vii) > > Strategic goals related to diversity and inclusion in the armed forces, and an assessment of measures of performance related to the efforts of the armed forces to reflect the diverse population of the United States eligible to serve in the armed forces.” > ; #####
(C)by redesignating subsections
(m)and
(n)as subsections
(n)and (o), respectively; and #####
(D)by inserting after subsection
(k)the following new subsections
(l)and (m): > > ### “(l) > > > ####
(1)> > The Secretary of Defense, in coordination with the Secretary of the Department in which the Coast Guard is operating, shall establish metrics to measure— > > > ##### “(A) > > efforts to reflect across all grades comprising the officer and enlisted corps of each armed force the diverse population of the United States eligible to serve in the armed forces; and > > > ##### “(B) > > the efforts of the armed forces to generate and maintain a ready military force that will prevail in war, prevent and deter conflict, defeat adversaries, and succeed in a wide range of contingencies. > > > #### “(2) > > In implementing the requirement in paragraph (1), the Secretary of Defense, in coordination with the Secretary of the Department in which the Coast Guard is operating, shall— > > > ##### “(A) > > ensure that data elements, data collection methodologies, and reporting processes and structures pertinent to each metric established pursuant to that paragraph are comparable across the armed forces, to the extent practicable; > > > ##### “(B) > > establish standard classifications that members of the armed forces may use to self-identify their gender, race, or ethnicity, which classifications shall be consistent with Office of Management and Budget Number Directive 15, entitled ‘Race and Ethnic Standards for Federal Statistics and Administrative Reporting’, or any successor directive; > > > ##### “(C) > > define conscious and unconscious bias with respect to matters of diversity and inclusion, and provide guidance to eliminate such bias; > > > ##### “(D) > > conduct a barrier analysis to review demographic diversity patterns across the military life cycle, starting with enlistment or accession into the armed forces, in order to— > > > ###### “(i) > > identify barriers to increasing diversity; > > > ###### “(ii) > > develop and implement plans and processes to resolve or eliminate any barriers to diversity; and > > > ###### “(iii) > > review the progress of the armed forces in implementing previous plans and processes to resolve or eliminate barriers to diversity; > > > ##### “(E) > > develop and implement plans and processes to ensure that advertising and marketing to promote enlistment or accession into the armed forces is representative of the diverse population of the United States eligible to serve in the armed forces; and > > > ##### “(F) > > meet annually with the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the Chiefs of Staff of the Armed Forces to assess progress toward diversity and inclusion across the armed forces and to elicit recommendations and advice for enhancing diversity and inclusion in the armed forces > > > ### “(m) > > Accompanying each national defense strategy provided to the congressional defense committees in accordance with subsection (g)(1)(D), the Secretary of Defense, in coordination with the Secretary of the Department in which the Coast Guard is operating, shall provide a report that sets forth a detailed discussion, current as of the preceding fiscal year, of the following: > > > #### “(1) > > The number of officers and enlisted members of the armed forces, including the reserve components, disaggregated by gender, race, and ethnicity, for each grade in each armed force. > > > #### “(2) > > The number of members of the armed forces, including the reserve components, who were promoted during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, for each grade in each armed force, and of the number so promoted, the number promoted below, in, and above the applicable promotion zone. > > > #### “(3) > > The number of members of the armed forces, including the reserve components, who were enlisted or accessed into the armed forces during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, in each armed force. > > > #### “(4) > > The number of graduates of each military service academy during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, for each military department and the United States Coast Guard. > > > #### “(5) > > The number of members of the armed forces, including the reserve components, who reenlisted or otherwise extended a commitment to military service during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity, for each grade in each armed force. > > > #### “(6) > > An assessment of the pool of officers best qualified for promotion to grades O-9 and O-10, disaggregated by gender, race, and ethnicity, in each military department and the United States Coast Guard. > > > #### “(7) > > Any other matter the Secretary considers appropriate.” > . ####
(2)Public availability of reports **[**[10 U.S.C. 113 note](/us/usc/t10/s113)**]** Not later than 72 hours after submitting to the congressional defense committees a report required by subsection
(m)of section 113 of title 10, United States Code (as amended by paragraph (1)), the Secretary of Defense shall make the report available on an Internet website of the Department of Defense available to the public. In so making a report available, the Secretary shall ensure that any data included in the report is made available in a machine-readable format that is downloadable, searchable, and sortable. ####
(3)Construction of metrics **[**[10 U.S.C. 113 note](/us/usc/t10/s113)**]** #####
(A)With merit-based processes Any metric established pursuant to subsection
(l)of section 113 of title 10, United States Code (as so amended), may not be used in a manner that undermines the merit-based processes of the Department of Defense and the Coast Guard, including such processes for accession, retention, and promotion. #####
(B)With other matters Any such metric may not be used to identify or specify specific quotas based upon diversity characteristics. The Secretary concerned shall continue to account for diversified language and cultural skills among the total force of the Armed Forces. ####
(4)Repeal of superseded reporting requirement Section 115a of title 10, United States Code, is amended— #####
(A)by striking subsection (g); and #####
(B)by redesignating subsection
(h)as subsection (g). ###
(b)Requirement to Consider All Best Qualified Officers for Promotion to O-9 and O-10 Grades ####
(1)In general Section 601 of title 10, United States Code, is amended by adding at the end the following new subsection: > > ### “(e) > > Prior to making a recommendation to the Secretary of Defense for the nomination of an officer for appointment to a position of importance and responsibility under this section, which appointment would result in the initial appointment of the officer concerned in the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or the commensurate grades in the Space Force, the Secretary concerned shall consider all officers determined to be among the best qualified for such position.” > . ####
(2)Coast guard Section 305(a) of title 14, United States Code, is amended by adding at the end the following new paragraph: > > #### “(4) > > Prior to making a recommendation to the President for the nomination of an officer for appointment to a position of importance and responsibility under this section, which appointment would result in the initial appointment of the officer concerned in the grade of vice admiral, the Commandant shall consider all officers determined to be among the best qualified for such position.” > . ###
(c)Report on Findings of Defense Board on Diversity and Inclusion in the Military ####
(1)In general Upon the completion by the Defense Board on Diversity and Inclusion in the Military of its report on actionable recommendations to increase diversity and ensure equal opportunity across all grades of the Armed Forces, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the report of the Defense Board, including the findings and recommendations of the Defense Board. ####
(2)Elements The report required by paragraph
(1)shall include the following: #####
(A)A comprehensive description of the findings and recommendations of the Defense Board in its report referred to in paragraph (1). #####
(B)A comprehensive description of any actionable recommendations of the Defense Board in its report. #####
(C)A description of the actions proposed to be undertaken by the Secretary in connection with such recommendations, and a timeline for implementation of such actions. #####
(D)Any data used by the Defense Board and in the development of its findings and recommendations. #####
(E)A description of the resources used by the Defense Board for its report, and a description and assessment of any shortfalls in such resources for purposes of the Defense Board. ###
(d)Defense Advisory Committee on Diversity and Inclusion in the Armed Forces Matters ####
(1)Report At the same time the Secretary of Defense submits the report required by subsection (c), the Secretary shall also submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Defense Advisory Committee on Diversity and Inclusion in the Armed Forces. ####
(2)Elements The report required by paragraph
(1)shall include the following: #####
(A)The mission statement or purpose of the Advisory Committee, and any proposed objectives and goals of the Advisory Committee. #####
(B)A description of current members of the Advisory Committee and the criteria used for selecting members. #####
(C)A description of the duties and scope of activities of the Advisory Committee. #####
(D)The reporting structure of the Advisory Committee. #####
(E)An estimate of the annual operating costs and staff years of the Advisory Committee. #####
(F)An estimate of the number and frequency of meetings of the Advisory Committee. #####
(G)Any subcommittees, established or proposed, that would support the Advisory Committee. ####
(3)Notice and wait on dissolution The Secretary may not dissolve the Defense Advisory Committee on Diversity and Inclusion in the Armed Forces until 60 days after the date on which the Secretary submits to the committees of Congress specified in paragraph
(1)a notice on the dissolution of the Advisory Committee.
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Sec. 551
DIVERSITY AND INCLUSION REPORTING REQUIREMENTS AND RELATED MATTERS
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