Diversity Thursday

in a nation of laws...

Action at last.

Change can come suddenly and then all at once. This DivThu, let’s dig in to something out of the White House about the NDAA that is giving me a little smirk.

Diversity Equity, Inclusion, Access (DEIA) and other Relevant Provisions.

The Administration strongly opposes the House’s sweeping attempts (sections 364, 523, 566, 595, 596, 598, 904, and 1046) to eliminate the Department’s longstanding DEIA efforts and related initiatives to promote a cohesive and inclusive force. As articulated in the 2022 NDS, one of the Department’s top priorities is building a resilient Joint Force and defense enterprise. DoD’s strategic advantage in a complex global security environment is the diverse and dynamic talent pool from which we draw. We rely on diverse perspectives, experiences, and skillsets to remain a global leader, deter war, and keep our nation secure. Moreover, DoD is committed to developing and maintaining a dignified, respectful, and safe workplace. Legislation that reduces DoD’s ability to create a positive work environment and fully leverage the best our nation has to offer puts the Department at a strategic disadvantage.

Oooohhhhh, yummy. What are those sections?

SEC. 364.

DIVERSITY, EQUITY, AND INCLUSION PERSONNEL GRADE CAP.

(a) IN GENERAL.—The Secretary of the military department concerned may not appoint to, or otherwise employ in, any position with a duty described in subsection (b) a military or civilian employee with a rank or grade in excess of GS–10 not adjusted for locality.

(b) COVERED DUTIES.—A duty described in this subsection is the following:

(1) Developing, refining, and implementing diversity, equity, and inclusion policy.

(2) Leading working groups and councils to developing diversity, equity, and inclusion goals and objectives to measure performance and outcomes.

3) Creating and implementing diversity, equity, and inclusion education, training courses, and work-16 shops for military and civilian personnel.

(c) APPLICABILITY TO CURRENT EMPLOYEES.—Any military or civilian employee appointed to a position with a duty described in subsection (b) who holds a rank or grade in excess of that authorized under subsection (a) shall be reassigned to another position not later than 180 days after the date of the enactment of this Act.

The administration opposes the clearing of most all of the rent-seeking DOD Diversity Industry make work positions who were focused on division. Noted.

For almost two decades we talked about the unencumbered growth of the commissariat , the nomenklatura, the legion of otherwise unemployable people soaking up BA/NMP, travel, and all the money and zampolit power they have. This section … it crushes it. I’ve had to read it twice, sleep on it, and read it two more times. Simply amazing.

SEC. 523.

MILITARY PERSONNEL: RECRUITING; MERIT-BASED DETERMINATIONS.

(a) RECRUITING.—Not later than September 30, 2024, the Secretary of Defense shall prescribe regulations that any effort to recruit an individual to serve in a covverered Armed Force may not take into account the race or 1 gender of such individual.

(b) MERIT-BASED DETERMINATIONS.—Not later 3 than September 30, 2024, the Secretary of Defense shall prescribe regulations that, with regards to a military accession, assignment, selection, or promotion— (

1) a determination shall be made on the basis of merit in order to advance those individuals who exhibit the talent and abilities necessary to promote the national security of the United States;

(2) a candidate shall be evaluated on the bases of qualifications, performance, integrity, fitness, training, and conduct;

(3) no determination may be based on favoritism or nepotism; and

(4) no quota may be used.

(c) COVERED ARMED FORCE DEFINED.—In this section, the term ‘‘covered Armed Force’’ means the following:

(1) The Army.

(2) The Navy.

(3) The Marine Corps.

(4) The Air Force.

(5) The Space Force.

The administration opposes a merit-based military. Noted.

That is correct. No hiding in the shadows. It is right there.

For those who have been with us and DivThu for - amazing as it is - 18-yrs or so, we live in an amazing time.

I may have mentioned it in passing once or twice, but generally speaking I have not briefed the Front Porch on the communications I’ve received since DivThu started about how people would tell me SEPCOR “I needed to stop,” “You’re marginalizing yourself,” “They referred to you at OPNAV as, ‘that diversity guy’,” “No one cares,” or my favorite, “You’re on the wrong side of history.” … and those comments are from friends and well meaning people. I won’t even bother you with all the names I’ve been called - heck, you’ve been called - over the years, the slander, etc. You all know the drill from the flinty and fragile people in the diversity cult.

What balanced that out was when some rather surprisingly senior people reached out to me, usually through cutouts, to arrange a phone call (sometimes on encrypted lines) or - in understandable cloak and dagger type occasions - even meeting in person at a Waffle House, Dunkin Donuts, or out of the way restaurants on both coasts to encourage me to not stop. In one case I got a hand written note on letterhead via a cutout delivered to me in a drop like something out of The Americans. As I have outlined here often, I don’t like this topic, but the encouragement from people who trusted me but never knew me, who had a lot to lose by taking that chance, let me know it was important enough to keep up the drum beat. I was not alone nor even a major player in the pushback, but everyone pushing back had to keep it up. That is how hard things are won.

It is a dangerous topic where the commissariat happily destroys people who are out of synch with their agenda. That fear is what kept the sectarian cancer growing, until now.

The Front Porch has been consistent, and correct, about what was going on. We watched it get worse. We’ve asked for exactly this. This is the start, not the end of the correction. There is more to do. There will be disappointments. Sure, the commissariat will try to get around it … but we have it in law. We have momentum. This is all just superb stuff that exceeds anything I was hoping for this year.

SEC. 566.

PROHIBITION ON USE OF FEDERAL FUNDS FOR CERTAIN TRAINING OR EDUCATION THAT PROMOTES CRITICAL RACE THEORY.

(a) PROHIBITION.—No funds authorized to be appropriated by this Act may be used to promote critical race theory—

(1) at a Service Academy;

(2) in training provided to a member of the Armed Forces; or

(3) in professional military education.

(b) DEFINITIONS.—In this section:

(1) The term ‘‘critical race theory’’ means the theory that individuals, by virtue of race, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by other individuals of such race, ethnicity, color, or national origin.

(2) The term ‘‘Service Academy’’ has the meaning given such term in section 347 of title 10, 22 United States Code.

The administration opposing eliminating racialist indoctrination at our service academies. Noted.

I will also note that this will be the hardest nut to crack. This is about a decade too late. From the most senior positions down to tenure track position recruitment and even Plebe summer, CRT is fully enmeshed in our service academies. They will rename it. They will try to hide it. They will call it something else. They will avoid implementing this until there is an enforcement mechanism with a charter from on high. We’ll have to wait for a few years I think - but we have this ready for the right leadership.

SEC. 595.

PROHIBITION ON DRAG SHOWS AND DRAG QUEEN STORY HOUR.

None of the funds authorized to be appropriated by this Act may be obligated or expended for a drag show, drag queen story, or similar event.

The administration supports spending money of drag shows and drag queen story hours out of the defense budget. Noted.

I’m still laughing at SECDEF and CJCS saying, “No, this isn’t happening.” and then all the receipts came in showing where exactly it was. Well, now you have a law. Congrats.

SEC. 596.

DEFENSE ADVISORY COMMITTEE ON DIVERSITY AND INCLUSION: REPORT; SUNSET.

(a) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding how the Secretary appointed members to the Defense Advisory Committee on Diversity and Inclusion, including how the membership was fairly balanced consistent with section 1004(b)(2) of title 5, United States Code.

(b) SUNSET.—Consistent with section 1013(a)(2) of 6 title 5, United States Code, the Defense Advisory Committee on Diversity and Inclusion shall terminate not later than September 19, 2024.

I don’t need to note what the administration is upset about. This is so clearly worded. This is simply beautiful to see. No work/no show jobs need to go.

SEC. 598.

PROHIBITION ON FEDERAL FUNDS FOR THE DEPARTMENT OF DEFENSE COUNTERING EXTREMISM WORK GROUP.

No funds authorized to be appropriated by this Act may be used to fund the Department of Defense Countering Extremism Work Group.

Since its founding, what, exactly, did it do? No reason to pay for emotive posturing.

SEC. 904.

ELIMINATION OF THE CHIEF DIVERSITY OFFICER OF THE DEPARTMENT OF DEFENSE.

(a) REPEAL OF POSITION.—Section 147 of title 10, 6 United States Code, is repealed.

(b) CONFORMINGREPEAL.—Section 913 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 10 U.S.C. 147 note) is repealed.

If you are familiar with this backstory, you know this couldn’t happen soon enough. Superb.

SEC. 1046.

PROHIBITION ON USE OF FUNDS FOR ADVISORY COMMITTEES RELATED TO ENVIRONMENTAL, SOCIAL, AND GOVERNANCE ASPECTS.

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2024 may be used—

(1) to establish in the Department of Defense an advisory committee related to environmental, social, and governance aspects; or

(2) for the Defense Advisory Committee on Diversity and Inclusion or any successor committee.

(b) DEFINITIONS.—In this section:

(1) The term ‘‘environmental’’ includes anything related to—

(A) emissions of greenhouse gases, including—

(i) carbon dioxide;

(ii) methane;

(iii) nitrous oxide;

(iv) nitrogen trifluoride;

(v) hydrofluorocarbons;

(vi) perfluorocarbons; and

(vii) sulfur hexafluoride;

(B) climate change; and

(C) environmental justice.

(2) The term ‘‘governance’’ means how a private entity is run, including the structure and composition of the entity based on race, color, national origin, or sex and how compensation is made.

(3) The term ‘‘social’’ includes anything related to—

(A) race, ethnicity, gender identity, sexual orientation, or socioeconomic standards;

(B) ideologies that oppose equal protection of the law or support discrimination on the basis of race, color, national origin, or sex; and

(C) critical race theory, social justice, or similar ideologies.

Yes, the executive branch can wiggle around, delay, slow roll … but again, this is in law - and was needed. When a better administration comes in, this will be waiting for them to execute a full follow through. A LOT of potential in this section.

As our friend Kristina Wong points out, Rep. Jim Banks (R-IN) deserves a lot of credit here, but there were a lot of Representatives, my fellow Floridian Rep. Mike Waltz (R-FL) is just one - and just as importantly - their staffs who made this happen. I know a lot of things did not make it through, but Bravo Zulu for just an outstanding job here.

There is another section you need to look at.

This is just incredible;

SEC. 1120.

ASSESSMENTS OF STAFFING IN DOD OFFICE FOR DIVERSITY, EQUITY, AND INCLUSION.

(a) IN GENERAL.—

(1) SECRETARY ASSESSMENT.—The Secretary of Defense shall conduct an assessment validating each civil service position in the Office for Diversity, Equity, and Inclusion against existing personnel of the Office. For purposes of carrying out such assessment, the head of the Office shall submit to the Secretary the alignment of total force manpower resources of the Office against core missions, tasks, and functions, including a mapping of missions to the originating statute or Department policy.

Oh, what a nest of vipers that is - producing nothing but division and distraction and growing the commissariat. I am sure there are also some very well meaning people there and hopefully we can find a good place for them, but on aggregate … those who know, know.

It is hard to remove accretions left too long neglected and to their own devices. Read the full section. No one is playing around.

More work need to be done, but smile today. Good things are happening.