Requirement of equal opportunity, racial neutrality, and exclusive use of merit in military personnel actions

(a) Merit requirement All Department of Defense military personnel actions, including accessions, promotions, assignments, command selection, and military and civil schooling selection and training, shall be based exclusively on individual merit, fitness, capability, and performance. (b) Consideration of race prohibited Consideration of an individual’s race, ethnicity, or national origin in any military personnel action is prohibited throughout the Department of Defense. (c) Limited exception for tasking of specific missions (1) In general This section shall not be construed to prohibit tasking for specific, unconventional missions in foreign countries, where the anticipated ground operating environment of indigenous populations may justify consideration of race, ethnicity, or national origin when tasking for the mission to optimize mission success. (2) Combatant commander approval required Any tasking pursuant to the exception described in paragraph (1) shall require the approval of the combatant commander concerned. (3) Reporting requirement Not later than 60 days after a tasking pursuant to the exception described in paragraph (1), the Secretary of Defense shall report the tasking to the Committees on Armed Services of the Senate and the House of Representatives. The report shall describe— (A) the mission, including location and duration; (B) the staffing of the mission; (C) the demographic factors warranting the tasking; (D) the number of personnel involved, including their rank, position, and race, ethnicity, and national origin; and (E) the rationale for the tasking.