Charter
  1. Committee's Official Designation: The committee will be known as the Defense Advisory Committee on Diversity and Inclusion ("the Committee").


  2. Authority: The Secretary of Defense, in accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C., Appendix) and 41 C.F.R. § 102-3.50(d), established this discretionary advisory committee.


  3. Objectives and Scope of Activities: The Committee will examine and provide recommendations to improve racial/ethnic diversity, inclusion, and equal opportunity within the Department of Defense (DoD), with a primary focus on military personnel.


  4. Description of Duties: The Committee shall conduct studies, make findings, and provide recommendations on matters and policies relating to improving racial/ethnic diversity, inclusion, and equal opportunity within the DoD.


  5. Agency or Official to Whom the Committee Reports: The Committee shall report to the Secretary of Defense and the Deputy Secretary of Defense, through the Under Secretary of Defense for Personnel and Readiness (USD(P&R)), who, in accordance with DoD policy and procedures, may act upon the Committee's advice and recommendations.


  6. Support: The DoD, through the Office of the USD(P&R), provides support for the Committee and ensures compliance with requirements of the FACA, the Government in the Sunshine Act ("the Sunshine Act") (5 U.S.C. § 552b), governing Federal statutes and regulations, and DoD policy and procedures.


  7. Estimated Annual Operating Costs and Staff Years: The estimated annual operating cost, to include travel, meetings, and contract support, is approximately $800,000.00. The estimated annual personnel cost to the DoD is 2.0 full-time equivalents.


  8. Designated Federal Officer: The Committee's Designated Federal Officer (DFO) shall be a full- time or permanent part-time DoD civilian officer or employee, or active duty member of the Armed Forces, designated in accordance with DoD policy and procedures.

    The Committee's DFO is required to attend all Committee and subcommittee meetings for the entire duration of each and every meeting. However, in the absence of the Committee's DFO, a properly approved Alternate DFO, duly designated to the Committee in accordance with DoD policy and procedures, shall attend the entire duration of all Committee and subcommittee meetings.

    The DFO, or the Alternate DFO, shall approve and call all Committee and subcommittee meetings; prepare and approve all meeting agendas; and adjourn any meeting when the DFO, or the Alternate DFO, determines adjournment to be in the public interest or required by governing regulations or DoD policy and procedures.


  9. Estimated Number and Frequency of Meetings: The Committee will meet at the call of the Committee's DFO, in consultation with the Committee's Chair and the USD(P&R). The estimated number of meetings is two per year.


  10. Duration: The need for this advisory function is on a continuing basis; however, it is subject to renewal every two years.


  11. Termination: The Committee shall terminate upon completion of its mission or two years from the date this charter is filed, whichever is sooner, unless the DoD renews it in accordance with DoD policy and procedures.


  12. Membership and Designation: The Committee shall be composed of no more than 20 members, including prominent individuals from academia and the public and private sectors, with experience in one or more of the following disciplines: defense or national security, organizational or human resources management, constitutional or employment law, and diversity and inclusion.

    The appointment of Committee members shall be approved by the Secretary of Defense, the Deputy Secretary of Defense, or the Chief Management Officer of the Department of Defense ("the DoD Appointing Authority"), for a term of service of one-to-four years, with annual renewals, in accordance with DoD policy and procedures. No member, unless approved by the DoD Appointing Authority, may serve more than two consecutive terms of service on the Committee, to include its subcommittees, or serve on more than two DoD federal advisory committees at one time.

    Committee members who are not full-time or permanent part-time federal civilian officers or employees, or active duty members of the Uniformed Services, shall be appointed as experts or consultants pursuant to 5 U.S.C. § 3109 to serve as special government employee (SGE) members. Committee members who are full-time or permanent part-time federal civilian officers or employees, or active duty members of the Uniformed Services, shall be appointed pursuant to 41 C.F.R. § 102-3.130(a) to serve as regular government employee (RGE) members.

    Committee members are appointed to exercise their own best judgment on behalf of the DoD, without representing any particular points of view, and to discuss and deliberate in a manner that is free from conflicts of interest.

    The DoD Appointing Authority shall appoint the Committee's leadership from among the membership previously appointed in accordance with DoD policy and procedures, for a one-to- two year term of service, with annual renewal, which shall not exceed the member's approved Committee appointment.

    Except for reimbursement of official Committee-related travel and per diem, Committee members serve without compensation.


  13. Subcommittees: The DoD, when necessary and consistent with the Committee's mission and DoD policy and procedures, may establish subcommittees, task forces, or working groups to support the Committee. Establishment of subcommittees will be based upon a written determination, to include terms of reference (ToR), by the DoD Appointing Authority or the USD(P&R), as the Committee's Sponsor. All subcommittees operate in accordance with the FACA, the Sunshine Act, governing federal statutes and regulations, and DoD policy and procedures. If a subcommittee's duration, as determined by its ToR, exceeds that of the Committee's charter and the DoD does not refile the Committee's charter, then the subcommittee shall terminate when the Committee does.

    Subcommittees shall not work independently of the Committee and shall report all of their advice and recommendations solely to the Committee for its thorough deliberation and discussion at a properly noticed and open meeting. Subcommittees have no authority to make decisions and recommendations, orally or in writing, on behalf of the Committee. No subcommittee nor any of its members may update or report, orally or in writing, directly to the DoD or any federal officers or employees. If a majority of Committee members are appointed to a particular subcommittee, then that subcommittee may be required to operate pursuant to the same notice and openness requirements of the FACA which govern the Committee's operations.

    Individual appointments to serve on Committee subcommittees shall be approved by the DoD Appointing Authority for a term of service of one-to-four years, with annual renewals, in accordance with DoD policy and procedures. No member shall serve more than two consecutive terms of service on the subcommittee, unless approved by the DoD Appointing Authority. Subcommittee members who are not full-time or permanent part-time federal civilian officers or employees, or active duty members of the Uniformed Services, shall be appointed as experts or consultants pursuant to 5 U.S.C. § 3109 to serve as SGE members. Subcommittee members who are full-time or permanent part-time federal civilian officers or employees, or active duty members of the Uniformed Services, shall be appointed pursuant to 41 C.F.R. § 102-3.130(a) to serve as RGE members.

    Each subcommittee member is appointed to exercise his or her own best judgment on behalf of the DoD, without representing any particular point of view, and to discuss and deliberate in a manner that is free from conflicts of interest.

    The DoD Appointing Authority shall appoint the subcommittee leadership from among the membership previously approved to serve on the subcommittee in accordance with DoD policy and procedures, for a one-to-two year term of service, with annual renewal, which will not exceed the subcommittee member's approved appointment.

    With the exception of reimbursement of travel and per diem related to the Committee or its subcommittees, subcommittee members shall serve without compensation.


  14. Recordkeeping: The records of the Committee and its subcommittees shall be managed in accordance with General Records Schedule 6.2, Federal Advisory Committee Records, or other approved agency records disposition schedule, as well as the appropriate DoD policy and procedures. These records will be available for public inspection and copying, subject to the Freedom of Information Act (5 U.S.C. § 552).


  15. Filing Date: Updated October 23, 2022