[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4660 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4660
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 SENATE OF THE UNITED STATES
September 23, 2020
Mr. Jones introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend titles 10 and 14, United States Code, to include certain
diversity-related requirements for the Armed Forces and the Coast
Guard, and for other purposes.
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 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.
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