1. Advisory Committee’s Official Designation: The committee shall be known as the Defense Advisory Committee on Diversity and Inclusion (DAC-DI).
2. Authority: The Secretary of Defense, in accordance with the provisions of chapter 10 of title 5, U.S.C. (commonly known as “the Federal Advisory Committee Act” or “FACA”) and 41 C.F.R. § 102-3.50(d), renews the DAC-DI, which was established as a discretionary advisory committee.
3. Objectives and Scope of Activities: The DAC-DI shall examine and provide independent 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 DAC-DI shall conduct studies, make findings, and provide independent advice and recommendations on matters and policies, procedures, and practices used by the DoD, the Military Departments and the Armed Forces relating to improving racial/ethnic diversity, inclusion, and equal opportunity within the DoD, as determined by the Secretary of Defense or the Deputy Secretary of Defense (“the DoD Appointing Authority”), or the Under Secretary of Defense for Personnel and Readiness (USD(P&R)) as the Sponsor.
5. Agency or Federal Officer Receiving the Advisory Committee’s Advice/Recommendations: The DAC-DI reports to the DoD Appointing Authority through the USD(P&R), who has the delegated authority to act upon the DAC-DI’s advice and recommendations in accordance with DoD policy and procedures.
6. Support: The DoD, through the Office of the USD(P&R), provides support for the DAC-DI.
7. Estimated Annual Operating Costs and Staff Years: The estimated annual operating cost for the DAC-DI, to include travel, meetings, and contract support, is approximately $1,410,500.00. The estimated annual personnel cost to the DoD is 4.0 full-time equivalents.
8. Designated Federal Officer: The DAC-DI’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 DAC-DI’s DFO shall ensure that all activities of the DAC-DI comply with the FACA, the FACA Final Rule (41 C.F.R. 102-3), DoD policies and procedures, and other applicable laws and regulations.
The DAC-DI’s DFO is required to attend all DAC-DI and subcommittee meetings for the entirety of each meeting. However, in the absence of the DAC-DI’s DFO, a properly approved Alternate DFO, duly designated to the DAC-DI in accordance with DoD policy and procedures, shall attend the entire duration of all DAC-DI and subcommittee meetings.
The DFO, or the Alternate DFO, calls all meetings of the DAC-DI and its subcommittees; approves all meeting agendas; and adjourns 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. The DFO, or the Alternate DFO, shall fulfill the requirements under section 1009(b) of title 5, U.S.C., subject to section 552(b) of title 5, U.S.C.
The DFO shall maintain information on the activities of the DAC-DI and provide such information to the public, as applicable, in accordance with existing statutes, Federal regulations, and DoD policies and procedures. When authorized by the USD(P&R) as the Sponsor, the DFO shall establish and maintain a public facing website for the DAC-DI in accordance with existing statutes, 41 C.F.R § 102-3.120(b), and DoD policies and procedures.
The DFO shall ensure advisory committee members and subcommittee members, as applicable, receive the appropriate training (e.g., FACA overview, ethics training) for efficient operation and compliance with the FACA and FACA Final Rule.
9. Estimated Number and Frequency of Meetings: The DAC-DI will meet at the call of the DAC-DI’s DFO, in consultation with the DAC-DI’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, the duration of the DAC-DI is subject to the Termination Section below.
11. Termination: The DAC-DI shall terminate upon completion of its mission or two years from the date this charter is filed, whichever is sooner, unless the DoD renews the DAC-DI in accordance with the FACA, the FACA Final Rule, and DoD policy and procedures.
Section 551(d)(3) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) directs that the Secretary of Defense may not dissolve the Defense Advisory Committee on Diversity and Inclusion in the Armed Forces until 60 days after the date on which the Secretary of Defense submits a notice on the dissolution of the DAC-DI to the Armed Services Committees of the Senate and the House of Representatives. The Defense Advisory Committee on Diversity and Inclusion in the Armed Forces was established as an advisory committee subject to FACA under the name of DAC-DI.
12. Membership and Designation: The DAC-DI shall be composed of no more than 20 members who have distinguished backgrounds and 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. These members will come from varied backgrounds including academia and the public and private sectors. The DAC-DI’s membership balance plan provides further discussion on DoD’s plan to attain a fairly balanced membership, in terms of the points of view represented and the functions to be performed, as appropriate based on the DAC-DI’s mission/scope.
The appointment or designation of individuals to serve as members of the DAC-DI 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, unless approved by the DoD Appointing Authority, may serve more than two consecutive terms of service on the DAC-DI, to include its subcommittees, or serve on more than two DoD federal advisory committees at one time.
DAC-DI 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. DAC-DI members who are full-time or permanent part-time Federal civilian officers or employees, or active-duty members of the Uniformed Services, shall be designated pursuant to 41 C.F.R. § 102-3.130(a) to serve as regular government employee (RGE) members. The DoD Appointing Authority shall appoint the DAC-DI’s leadership from among the membership previously approved in accordance with DoD policy and procedures, for a term of service of one-to-two years, with annual renewal, which shall not exceed the member’s approved DAC-DI appointment or designation.
DAC-DI members are appointed or designated 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. With the exception of reimbursement of official DAC-DI-related travel and per diem, DAC-DI members serve without compensation.
13. Subcommittees: The DoD, when necessary and consistent with the DAC-DI’s mission and DoD policy and procedures, may establish subcommittees, task forces, task groups, or working groups (“subcommittees”) to support the DAC-DI. Establishment of subcommittees will be based upon a written determination, to include terms of reference, by the DoD Appointing Authority or the USD(P&R), as the DAC-DI’s Sponsor. All subcommittees operate in accordance with the FACA; subsection 552b(c) of title 5, U.S.C.; governing Federal statutes and regulations; and DoD policy and procedures. All subcommittees terminate when the DAC-DI does.
Subcommittees shall not work independently of the DAC-DI and shall report all their advice and recommendations solely to the DAC-DI for its thorough deliberation and discussion at a properly noticed and open meeting, unless the meeting must be closed to the public in accordance with one or more of the exemptions found in subsection 552b(c) of title 5, U.S.C. Subcommittees have no authority to make decisions or recommendations, orally or in writing, on behalf of the DAC-DI. Neither the subcommittee nor any of its members may provide updates or reports, orally or in writing, directly to the DoD or any Federal civilian officer or employee, or member of the Uniformed Services. If a majority of DAC-DI members are appointed to a particular subcommittee, then that subcommittee may be required to operate pursuant to the same notice and openness requirements of FACA which govern the DAC-DI’s operations.
The appointment or designation of individuals to serve as members of DAC-DI 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 without prior approval from 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 designated pursuant to 41 C.F.R. § 102-3.130(a) to serve as RGE members. 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 shall not exceed subcommittee member’s approved subcommittee appointment or designation.
All subcommittee members are appointed to exercise their own best judgement 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. With the exception of reimbursement for travel and per diem related to the DAC-DI or its subcommittees, subcommittee members shall serve without compensation.
The USD(P&R) has established three permanent subcommittees. While the number of individuals appointed or designated to each subcommittee may vary, no individual subcommittee shall have more than 15 members unless otherwise directed by the DoD Appointing Authority. These subcommittees, when tasked in accordance with DoD policy and procedures, shall provide advice and recommendations to the DAC-DI on matters prescribed for each respective subcommittee. Subcommittee members shall have the same experience as described for DAC-DI members in section 12. The term “Armed Forces”, as used for each subcommittee, does not correspond to the definition found in 10 U.S.C. § 101(a)(4).
Instead, and for the purpose of the DAC-DI, the term means the Army, Navy, Air Force, Marine Corps, and Space Force.
1) Racial/Ethnic Diversity Subcommittee. Provide advice to the DAC-DI on policies, procedures, and practices used by the DoD, the Military Departments, and the Armed Forces pertaining to the employment and integration of racial/ethnic Service members to assess the readiness of the Total Force.
2) Racial/Ethnic Equal Opportunity and Treatment Subcommittee. Provide advice to the DAC-DI on opportunities for improvements to policies, procedures, and practices used by the DoD, the Military Departments, and the Armed Forces to deter and address behaviors which may negatively impact equal opportunity and an inclusive environment for racial/ethnic minority Service members.
3) Racial/Ethnic Inclusion Subcommittee. Provide advice on the effectiveness of existing talent management policies, procedures, practices, and programs used by the DoD, the Military Departments, and the Armed Forces to recruit, develop, and retain racially and ethnically diverse pipeline of military talent, particularly in the office corps.
14. Recordkeeping: The records of the DAC-DI 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, and the appropriate DoD policy and procedures. These records will be available for public inspection and copying, subject to section 552 of title 5, U.S.C.
15. Filing Date: October 23, 2024