S.Amdt. 5494

1. Adds SEC. 587. TASK FORCE ON DIVERSITY IN THE ARMED FORCES at the end of subtitle G of title V

   Adds a section

   In S. 3001 · Placed on Calendar Senate

   "(2) No officer or employee of the Department of Defense may interfere with the ability of the Legal Counsel to give independent legal advice to the Chairman of the Joint Chiefs of Staff and to the Joint Chiefs of Staff.".

   Inserted: SEC. 587. TASK FORCE ON DIVERSITY IN THE ARMED FORCES.

   Inserted: (a) Establishment of Task Force.--

   Inserted: (1) In general.--The Secretary of Defense shall establish within the Department of Defense a task force to examine matters related to diversity in the Armed Forces.

   Inserted: (b) Composition.--

   Inserted: (1) Membership.--The task force shall consist of not more than 24 members appointed by the Secretary of Defense from among individuals described in paragraph (2) who have demonstrated expertise in managing diversity.

   Inserted: (2) Eligible individuals.--The members of the task force shall include the following:

   Inserted: (A) The Director of the Defense Manpower Management Center.

   Inserted: (B) One senior representative of the Office of the Deputy Secretary of Defense for Plans.

   Inserted: (C) One senior military member of each of the Army, the Navy, the Air Force, and the Marine Corps who serves or has served in a leadership position with either a military department command or a combatant command.

   Inserted: (D) One retired general or flag officer from each of the Army, the Navy, the Air Force, and the Marine Corps.

   Inserted: (E) One senior noncommissioned officer from each of the Army, the Navy, the Air Force, and the Marine Corps.

   Inserted: (F) Five retired senior officers who served in leadership positions with either a military department command or combatant command, of which no less than three shall represent views of gender or ethnic specific groups.

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   Inserted: (G) Four individuals from outside the Department of Defense with expertise in cultivating diversity in organizations.

   Inserted: (H) An attorney with appropriate experience and expertise in constitutional and legal matters relating to the duties and recommendations of the task force.

   Inserted: (3) Co-chairs.--The Secretary of Defense shall designate two of the members of the task force under subparagraphs (F) and (G) of paragraph (2) as co-chairs of the task force.

   Inserted: (4) Period of appointment; vacancies.--Members shall be appointed for the life of the task force. Any vacancy in the task force shall be filled in the same manner as the original appointment.

   Inserted: (5) Deadline for appointment.--All members of the task force shall be appointed not later than 60 days after the date of the enactment of this Act.

   Inserted: (6) Quorum.--12 members of the task force shall constitute a quorum but a lesser number may hold hearings.

   Inserted: (c) Meetings.--

   Inserted: (1) Initial meeting.--The task force shall conduct its first meeting not later than 30 days after the date on which a majority of the appointed members of the task force have been appointed.

   Inserted: (2) Meetings.--The task force shall meet at the call of the co-chairs.

   Inserted: (d) Duties.--

   Inserted: (1) Study.--The task force shall study the diversity within all grades of the Armed Forces. The study shall include a comprehensive evaluation and assessment of policies that provide opportunities for the advancement of all gender and ethnic specific groups within the Armed Forces.

   Inserted: (2) Scope of study.--In carrying out the study, the task force shall examine the following:

   Inserted: (A) Development of a uniform, Department of Defense-wide definition of diversity that is congruent with the Department's core values and vision for the future workforce.

   Inserted: (B) The success of the current plans of the Department (including the plans of the military departments) at achieving diversity.

   Inserted: (C) Existing metrics and milestones for evaluating the diversity plans of the Department (including the plans of the military departments) and for facilitating future evaluation and oversight.

   Inserted: (D) The effect of expanding Department of Defense secondary educational programs, including service academy preparatory schools, to diverse civilian populations.

   Inserted: (E) Traditional military career paths for gender and ethnic specific members of the Armed Forces, and possible alternative career paths that could enhance professional development.

   Inserted: (F) The success of current recruitment and retention practices in attracting and maintaining a sufficient number of diverse, qualified individuals in officer pre-commissioning programs.

   Inserted: (G) The success of current activities in increasing continuation rates for ethnic and gender specific members of the Armed Forces.

   Inserted: (H) Pre-command billet assignments of gender and ethnic-specific members of the Armed Forces.

   Inserted: (I) Command selection for gender and ethnic-specific members of the Armed Forces.

   Inserted: (J) The existence and maintenance of fair promotion, assignment, and command opportunities for ethnic and gender specific members of the Armed Forces at the warrant officer, chief warrant officer, company grade/junior grade officer, field grade/mid-grade officer, and general/flag officer levels.

   Inserted: (K) The current institutional structure of the Office of Diversity Management and Equal Opportunity of the Department, and of similar offices of the military departments, and their ability to ensure effective and accountable diversity management across the Department.

   Inserted: (L) The benefits of conducting an annual conference attended by civilian military, active duty and retired military, and corporate leaders on diversity, to include a review of current policy and the annual demographic data from the Defense Equal Opportunity Management Institute.

   Inserted: (M) Private sector practices that have successfully cultivated diversity and diverse leadership.

   Inserted: (N) The status of prior recommendations made to the Department and the military departments, and to Congress, concerning diversity initiatives within the Armed Forces.

   Inserted: (O) Options for improving the substance or implementation of current plans and policies of the Department, and of the military departments, described in subparagraphs (B) through (L).

   Inserted: (3) Armed forces defined.--In this subsection, the term "Armed Forces" means the Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard (whether or not it is operating as a service in the Navy).

   Inserted: (4) Consultation.--In carrying out the study under this subsection, the task force may consult with appropriate private, for profit, and non-profit organizations and advocacy groups, and with appropriate Federal commissions (including the Commission of the National Guard and Reserves), to learn methods for developing, implementing, and sustaining senior diverse leadership within the Department of Defense.

   Inserted: (e) Powers of the Task Force.--

   Inserted: (1) Hearings.--The task force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the task force considers appropriate.

   Inserted: (2) Information from federal agencies.--Upon request by the co-chairs of the task force, any department or agency of the Federal Government may provide information that the task force considers necessary to carry out its duties.

   Inserted: (f) Task Force Personnel Matters.--

   Inserted: (1) Compensation of members.--Each member of the task force who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the task force. All members of the task force who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

   Inserted: (2) Travel expenses.--The members of the task force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the task force.

   Inserted: (3) Staff.--

   Inserted: (A) In general.--The co-chairs of the task force may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the task force to perform its duties. The employment of an executive director shall be subject to confirmation by the task force.

   Inserted: (B) Compensation.--The co-chairs of the task force may fix the compensation of the executive director and other personnel of the task force without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to the classification of position and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

   Inserted: (g) Reports.--

   Inserted: (1) Initial report.--Not later than three months after the first meeting of the task force, the task force shall submit the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following:

   Inserted: (A) A strategic plan for the work of the task force.

   Inserted: (B) A discussion of the activities of the task force as of the date of the report.

   Inserted: (C) Any initial findings of the task force as of the date of the report.

   Inserted: (2) Final report.--Not later than twelve months after the first meeting of the task force, the task force shall submit to the Secretary of Defense, and to the committees of Congress referred to in paragraph (1), a report on the study required by subsection (d). The report shall include the following:

   Inserted: (A) The findings and conclusions of the task force as a result of the study.

   Inserted: (B) Such recommendations as the task force considers necessary in order to increase recruitment, retention, promotion, and accession of gender and ethnic specific groups in order to achieve and maintain diversity at all levels of the Armed Forces.

   Inserted: (C) Such other information and recommendations the task force considers appropriate.

   Inserted: (3) Interim reports.--The task force may submit to the Secretary of Defense, and to the committees of Congress referred to in paragraph (1), such additional interim reports as the task force considers appropriate.

   Inserted: (h) Termination of Task Force.--The task force shall terminate 60 days after the date on which the task force submits the report under subsection (g)(2).

   Inserted: (i) Funding.--Amounts for the task force in carrying out its duties under this section shall be derived from amounts authorized to be appropriated by this division.

   Original wording

   At the end of subtitle G of title V, add the following:

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As printed