[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2645. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle I of title V, insert 
     the following:

     SEC. __. MILITARY PERSONNEL: RECRUITING; MERIT-BASED 
                   DETERMINATIONS.

       (a) Recruiting.--Not later than September 30, 2025, the 
     Secretary of Defense shall prescribe regulations that any 
     effort to recruit an individual to serve in a covered Armed 
     Force, or contracted entity, may not take into account the 
     race or gender of such individual.
       (b) Merit-based Determinations.--Not later than September 
     30, 2025, 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;
       (4) no quota, goal, metric, objective, or other similar 
     means of measurement may be used; and
       (5) no covered element may track race and sex for any 
     personnel or programs within those entities.
       (c) Definitions.--In this section:
       (1) Covered armed force.--The term ``covered Armed Force'' 
     means the following:
       (A) The Army.
       (B) The Navy.
       (C) The Marine Corps.
       (D) The Air Force.
       (E) The Space Force.
       (F) Special Operations Command.
       (G) Entities within the Department of Homeland Security, to 
     include the United States Coast Guard.
       (H) The Department of Defense, or any other organization 
     within the command structure.
       (2) Contracted entity.--The term ``contracted entity'' 
     includes any organization on any contract or sub-contract 
     with the Department of Defense, a covered Armed Force, or 
     associated entity.
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