Diversity in Defense Act of 2020

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Diversity in Defense 4 Act of 2020’’. 5 SEC. 2. CHIEF DIVERSITY OFFICERS. 6 (a) DEPARTMENT OF DEFENSE.— 7 VerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4660 IS (1) IN GENERAL.—Chapter 4 of title 10, United 1 States Code, is amended by inserting after section 2 132a the following new section: 3 ‘‘§ 133. Chief Diversity Officer 4 ‘‘(a) CHIEF DIVERSITY OFFICER.—(1) There is a 5 Chief Diversity Officer of the Department of Defense, ap- 6 pointed from civilian life by the President, by and with 7 the advice and consent of the Senate. 8 ‘‘(2) The Chief Diversity Officer shall be appointed 9 from among persons who have an extensive management 10 or business background and experience with diversity and 11 inclusion. A person may not be appointed as Chief Diver- 12 sity Officer within seven years after relief from active duty 13 as a commissioned officer of a regular component of an 14 armed force. 15 ‘‘(b) POWERS AND DUTIES.—The Chief Diversity Of- 16 ficer— 17 ‘‘(1) is responsible for policy, oversight, guid- 18 ance, and coordination for all matters of the Depart- 19 ment of Defense related to diversity and inclusion, 20 including matters in connection with the armed 21 forces and members of the armed forces and the ci- 22 vilian employees of the Department; 23 ‘‘(2) exercises authority to direct the Secre- 24 taries of the military departments and the heads of 25 VerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4660 IS all other elements of the Department with regard to 1 matters for which the Chief Diversity Officer has re- 2 sponsibility under this section; 3 ‘‘(3) exercises authority, direction, and control 4 over the Office of People Analytics, or any successor 5 organization; 6 ‘‘(4) shall establish and maintain a Department 7 of Defense strategic plan that publicly states a di- 8 versity definition, vision, and goals for the Depart- 9 ment; 10 ‘‘(5) shall define a set of strategic metrics that 11 are directly linked to key organizational priorities 12 and goals, actionable, and actively used to imple- 13 ment the strategic plan; 14 ‘‘(6) shall establish training in diversity dynam- 15 ics and training in practices for leading diverse 16 groups effectively; 17 ‘‘(7) shall establish and maintain a strategic 18 plan for diverse participation by institutions of high- 19 er education (including Historically Black colleges 20 and universities and minority-serving institutions), 21 federally funded research and development centers, 22 and individuals in defense-related research, develop- 23 ment, testing, and evaluation activities; 24 VerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4660 IS ‘‘(8) shall establish and maintain a strategic 1 plan for outreach to, and recruiting from, untapped 2 locations and underrepresented demographic groups; 3 ‘‘(9) shall conduct regular, rigorous evaluations 4 and assessments of diversity within the Department; 5 and 6 ‘‘(10) shall perform such additional duties and 7 exercise such powers as the Secretary of Defense 8 may prescribe. 9 ‘‘(c) PRECEDENCE IN THE DEPARTMENT OF DE- 10 FENSE.—(1) The Chief Diversity Officer shall report di- 11 rectly to the Secretary of Defense in the performance of 12 duties under this section. 13 ‘‘(2) The Chief Diversity Officer takes precedence in 14 the Department of Defense after the Chief Management 15 Officer of the Department of Defense. 16 ‘‘(d) DEFINITIONS.—In this section: 17 ‘‘(1) The term ‘Historically Black colleges and 18 universities’ means part B institutions (as that term 19 is defined in section 322 of the Higher Education 20 Act of 1965 (20 U.S.C. 1061)). 21 ‘‘(2) The term ‘minority-serving institutions’ 22 means institutions described in section 371(a) of the 23 Higher Education Act of 1965 (20 U.S.C. 24 1067q(a)).’’. 25 VerDate Sep 11 2014 00:25 Oct 14, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4660 IS (2) CONFORMING AMENDMENTS ON PRECE- 1 DENCE IN OSD.—Chapter 4 of such title is further 2 amended— 3 (A) in section 131(b)— 4 (i) by redesignated paragraphs (3) 5 through (9) as paragraphs (4) through 6 (10), respectively; and 7 (ii) by inserting after paragraph (2) 8 the following new paragraph (3): 9 ‘‘(3) The Chief Diversity Officer of the Depart- 10 ment of Defense.’’; 11 (B) in section 133a(c)— 12 (i) in paragraph (1), by striking ‘‘and 13 the Chief Information Officer of the De- 14 partment of Defense’’ and inserting ‘‘the 15 Chief Information Officer of the Depart- 16 ment of Defense, and the Chief Diversity 17 Officer of the Department of Defense’’; 18 and 19 (ii) in paragraph (2), by inserting 20 ‘‘the Chief Diversity Officer,’’ after ‘‘the 21 Chief Management Officer,’’; and 22 (C) in section 133b(c)— 23 (i) in paragraph (1), by striking ‘‘and 24 the Chief Information Officer of the De- 25 VerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4660 IS partment of Defense’’ and inserting ‘‘the 1 Chief Information Officer of the Depart- 2 ment of Defense, and the Chief Diversity 3 Officer of the Department of Defense’’; 4 and 5 (ii) in paragraph (2), by inserting 6 ‘‘the Chief Diversity Officer,’’ after ‘‘the 7 Chief Management Officer,’’. 8 (3) JOINT RESPONSIBILITY WITH USD (P&R).— 9 Section 136(b) of such title is amended by inserting 10 ‘‘the Chief Diversity Officer and’’ after ‘‘control of 11 the Secretary of Defense,’’. 12 (4) CLERICAL AMENDMENT.—The table of sec- 13 tions at the beginning of chapter 4 of such title is 14 amended by inserting after the item relating to sec- 15 tion 132a the following new item: 16 ‘‘133. Chief Diversity Officer.’’. (b) DEPARTMENT OF THE ARMY.— 17 (1) IN GENERAL.—Chapter 703 of title 10, 18 United States Code, is amended by inserting after 19 section 7015 the following new section: 20 ‘‘§ 7015a. Chief Diversity Officer 21 ‘‘(a) CHIEF DIVERSITY OFFICER.—(1) There is a 22 Chief Diversity Officer of the Department of the Army, 23 appointed from civilian life by the President, by and with 24 the advice and consent of the Senate. 25 VerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 4660 IS ‘‘(2) The Chief Diversity Officer shall be appointed 1 from among persons who have an extensive management 2 or business background and experience with diversity and 3 inclusion. 4 ‘‘(b) POWERS AND DUTIES.—The Chief Diversity Of- 5 ficer— 6 ‘‘(1) is responsible for policy, oversight, guid- 7 ance, and coordination for all matters of the Depart- 8 ment of the Army related to diversity and inclusion, 9 including matters in connection with the Army and 10 members of the Army and the civilian employees of 11 the Department; 12 ‘‘(2) exercises authority to direct the heads of 13 all other elements of the Department with regard to 14 matters for which the Chief Diversity Officer has re- 15 sponsibility under this section; 16 ‘‘(3) shall establish training in diversity dynam- 17 ics and training in practices for leading diverse 18 groups effectively; 19 ‘‘(4) shall conduct regular, rigorous evaluations 20 and assessments of diversity within the Department; 21 and 22 ‘‘(5) shall perform such additional duties and 23 exercise such powers as the Secretary of the Army 24 may prescribe.’’. 25 VerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 4660 IS (2) PRECEDENCE IN OFFICE OF SECRETARY OF 1 THE ARMY.—Section 7014(b) of such title is amend- 2 ed— 3 (A) by redesignating paragraphs (2) 4 through (8) as paragraphs (3) through (9), re- 5 spectively; and 6 (B) by inserting after paragraph (1) the 7 following new paragraph (2): 8 ‘‘(2) The Chief Diversity Officer of the Depart- 9 ment of the Army.’’. 10 (3) DIVERSITY AND INCLUSION AMONG RE- 11 SPONSIBILITIES OF OFFICE OF SECRETARY OF THE 12 ARMY.—Section 7014(c)(1) of such title is amended 13 by adding at the end the following new subpara- 14 graph: 15 ‘‘(H) Diversity and inclusion.’’. 16 (4) CLERICAL AMENDMENT.—The table of sec- 17 tions at the beginning of chapter 703 of such title 18 is amended by inserting after the item relating to 19 section 7015 the following new item: 20 ‘‘7015a. Chief Diversity Officer.’’. (c) DEPARTMENT OF THE NAVY.— 21 (1) IN GENERAL.—Chapter 803 of title 10, 22 United States Code, is amended by inserting after 23 section 8015 the following new section: 24 VerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 4660 IS ‘‘§ 8015a. Chief Diversity Officer 1 ‘‘(a) CHIEF DIVERSITY OFFICER.—(1) There is a 2 Chief Diversity Officer of the Department of the Navy, 3 appointed from civilian life by the President, by and with 4 the advice and consent of the Senate. 5 ‘‘(2) The Chief Diversity Officer shall be appointed 6 from among persons who have an extensive management 7 or business background and experience with diversity and 8 inclusion. 9 ‘‘(b) POWERS AND DUTIES.—The Chief Diversity Of- 10 ficer— 11 ‘‘(1) is responsible for policy, oversight, guid- 12 ance, and coordination for all matters of the Depart- 13 ment of the Navy related to diversity and inclusion, 14 including matters in connection with the Navy and 15 the Marine Corps and members of the Navy and the 16 Marine Corps and the civilian employees of the De- 17 partment; 18 ‘‘(2) exercises authority to direct the heads of 19 all other elements of the Department with regard to 20 matters for which the Chief Diversity Officer has re- 21 sponsibility under this section; 22 ‘‘(3) shall establish training in diversity dynam- 23 ics and training in practices for leading diverse 24 groups effectively; 25 VerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 4660 IS ‘‘(4) shall conduct regular, rigorous evaluations 1 and assessments of diversity within the Department; 2 and 3 ‘‘(5) shall perform such additional duties and 4 exercise such powers as the Secretary of the Navy 5 may prescribe.’’. 6 (2) PRECEDENCE IN OFFICE OF SECRETARY OF 7 THE NAVY.—Section 8014(b) of such title is amend- 8 ed— 9 (A) by redesignating paragraphs (2) 10 through (8) as paragraphs (3) through (9), re- 11 spectively; and 12 (B) by inserting after paragraph (1) the 13 following new paragraph (2): 14 ‘‘(2) The Chief Diversity Officer of the Depart- 15 ment of the Navy.’’. 16 (3) DIVERSITY AND INCLUSION AMONG RE- 17 SPONSIBILITIES OF OFFICE OF SECRETARY OF THE 18 NAVY.—Section 8014(c)(1) of such title is amended 19 by adding at the end the following new subpara- 20 graph: 21 ‘‘(H) Diversity and inclusion.’’. 22 (4) CLERICAL AMENDMENT.—The table of sec- 23 tions at the beginning of chapter 803 of such title 24 VerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 4660 IS is amended by inserting after the item relating to 1 section 8015 the following new item: 2 ‘‘8015a. Chief Diversity Officer.’’. (d) DEPARTMENT OF THE AIR FORCE.— 3 (1) IN GENERAL.—Chapter 903 of title 10, 4 United States Code, is amended by inserting after 5 section 9015 the following new section: 6 ‘‘§ 9015a. Chief Diversity Officer 7 ‘‘(a) CHIEF DIVERSITY OFFICER.—(1) There is a 8 Chief Diversity Officer of the Department of the Air 9 Force, appointed from civilian life by the President, by 10 and with the advice and consent of the Senate. 11 ‘‘(2) The Chief Diversity Officer shall be appointed 12 from among persons who have an extensive management 13 or business background and experience with diversity and 14 inclusion. 15 ‘‘(b) POWERS AND DUTIES.—The Chief Diversity Of- 16 ficer— 17 ‘‘(1) is responsible for policy, oversight, guid- 18 ance, and coordination for all matters of the Depart- 19 ment of the Air Force related to diversity and inclu- 20 sion, including matters in connection with the Air 21 Force and the Space Force and members of the Air 22 Force and the Space Force and the civilian employ- 23 ees of the Department; 24 VerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 4660 IS ‘‘(2) exercises authority to direct the heads of 1 all other elements of the Department with regard to 2 matters for which the Chief Diversity Officer has re- 3 sponsibility under this section; 4 ‘‘(3) shall establish training in diversity dynam- 5 ics and training in practices for leading diverse 6 groups effectively; 7 ‘‘(4) shall conduct regular, rigorous evaluations 8 and assessments of diversity within the Department; 9 and 10 ‘‘(5) shall perform such additional duties and 11 exercise such powers as the Secretary of the Air 12 Force may prescribe.’’. 13 (2) PRECEDENCE IN OFFICE OF SECRETARY OF 14 THE AIR FORCE.—Section 9014(b) of such title is 15 amended— 16 (A) by redesignating paragraphs (2) 17 through (7) as paragraphs (3) through (8), re- 18 spectively; and 19 (B) by inserting after paragraph (1) the 20 following new paragraph (2): 21 ‘‘(2) The Chief Diversity Officer of the Depart- 22 ment of the Air Force.’’. 23 (3) DIVERSITY AND INCLUSION AMONG RE- 24 SPONSIBILITIES OF OFFICE OF SECRETARY OF THE 25 VerDate Sep 11 2014 23:11 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4660.IS S4660 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 4660 IS AIR FORCE.—Section 8014(c)(1) of such title is 1 amended by adding [Text truncated for display. 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