II 

115TH CONGRESS 

1ST SESSION S. 924 

To improve diversity and inclusion in the workforce of national security 

agencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 24, 2017 

Mr. CARDIN (for himself, Mr. MENENDEZ, Mr. REED, Mr. COONS, Mrs. SHAHEEN, Mr. BOOKER, and Mr. SCHATZ) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To improve diversity and inclusion in the workforce of 

national security agencies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Security Di5 versity and Inclusion Workforce Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The greatest national asset of the United 

9 States in protecting the homeland and advancing the 


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1 interests of the United States abroad is the talent 

2 and diversity of the national security workforce. 

3 (2) The United States has made important 

4 progress toward harnessing the extraordinary range 

5 of backgrounds, cultures, perspectives, skills, and ex6 periences of the population of the United States to7 ward keeping the United States safe and strong. 

8 (3) The 2015 National Security Strategy recog9 nized that the diversity of the national security 

10 workforce of the United States is a strategic asset 

11 that enhances the ability of the United States to 

12 lead on the global stage. 

13 (4) In March 2011, the Military Leadership Di14 versity Commission demonstrated that minorities 

15 and women are still underrepresented among the top 

16 leadership of the Armed Forces, as compared with 

17 the members they lead. 

18 (5) Although African-Americans, Latinos or 

19 Hispanics, Native Americans, and Asians represent 

20 34 percent of the workforce of the United States, in 

21 2016, only 10 and 13 percent, respectively, of the 

22 senior positions in the civil service and the Foreign 

23 Service at the Department of State were occupied by 

24 members of these groups. 


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1 (6) As of 2015, African-Americans, Latinos or 

2 Hispanics, Native Americans, and Asians rep3 resented only 22 percent of the officer corps of the 

4 Armed Forces, far less than the enlisted forces they 

5 lead, 40 percent of the members of which are from 

6 these groups. 

7 (7) In the intelligence community, African8 Americans, Latinos or Hispanics, Native Americans, 

9 and Asians represented 24 percent of the employees, 

10 but only 11 percent of the senior positions. 

11 (8) The percentages of Latinos or Hispanics as 

12 part of the overall Federal workforce and in senior 

13 positions in the Federal workforce are even lower, at 

14 8 percent and 4 percent, respectively, as compared 

15 to the general population of the United States, 

16 which is 17 percent Latino or Hispanic. 

17 (9) Latinos or Hispanics represented only a 

18 fraction of the senior positions at the Department of 

19 State, 3 percent and 5 percent, respectively, for posi20 tions in the civil service and Foreign Service, only 1 

21 percent for the officer corps of the Armed Forces, 

22 and 3 percent for senior positions in the intelligence 

23 community. 

24 (10) With regard to gender diversity, of the in25 dividuals in senior positions in the civil service or the 


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1 Foreign Service at the Department of State 39 per2 cent and 31 percent are female, respectively. For the 

3 Department of Defense, 24 percent of the individ4 uals in senior civilian positions are female, of the 

5 senior grades of the Armed Forces, 8 percent of the 

6 officers are female, and 12 percent of enlisted mem7 bers of the Armed Forces are females. Of the indi8 viduals in senior positions in the intelligence commu9 nity, 29 percent are female, compared to the overall 

10 Federal workforce, which is 33.7 percent female. 

11 (11) In concert with the findings of the Military 

12 Leadership Diversity Commission, the amendments 

13 made by section 519 of the National Defense Au14 thorization Act for Fiscal Year 2013 (Public Law 

15 112–239; 126 Stat. 1721) mandated that the Armed 

16 Forces develop and implement a plan to accurately 

17 measure the efforts of the Department of Defense 

18 and Coast Guard to ‘‘achieve a dynamic, sustainable 

19 level of members of the armed forces (including re20 serve components) that, among both commissioned 

21 officers and senior enlisted personnel of each armed 

22 force, will reflect the diverse population of the 

23 United States eligible to serve in the armed forces, 

24 including gender specific, racial, and ethnic popu25 lations.’’. 


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1 (12) The amendments made by section 1011 of 

2 the Intelligence Reform and Terrorism Prevention 

3 Act of 2004 (Public Law 108–458; 118 Stat. 3643) 

4 called on the intelligence community to prescribe 

5 personnel policies and programs that ensure its per6 sonnel ‘‘are sufficiently diverse for purposes of the 

7 collection and analysis of intelligence through the re8 cruitment and training of women, minorities, and in9 dividuals with diverse ethnic, cultural, and linguistic 

10 backgrounds’’. 

11 (13) The Department of State Authorities Act, 

12 Fiscal Year 2017 (Public Law 114–323), urges the 

13 State Department to promote a diverse representa14 tion among mid- and senior-level career professionals 

15 and section 101 of the Foreign Service Act of 1980 

16 (22 U.S.C. 3901) urges the Department of State to 

17 develop policies to encourage the entry into and ad18 vancement in the Foreign Service by persons from 

19 all segments of American society. 

20 SEC. 3. STATEMENT OF POLICY. 

21 It is the policy of the United States that— 

22 (1) in order to protect the homeland and ad23 vance the interests of the United States abroad, na24 tional security agencies of the Federal Government 


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1 must have a workforce that reflects the rich com2 position and talent of its citizenry; 

3 (2) the skills, knowledge, perspectives, ideas, 

4 and experiences of all of the members of the work5 force of national security agencies contribute to the 

6 vitality and success of their national security mis7 sion; 

8 (3) promoting diversity and inclusion within the 

9 national security workforce must be a joint effort 

10 and requires engagement by senior leadership, man11 agers, and the entire workforce, as well as effective 

12 collaboration among those responsible for human re13 sources, equal employment opportunity, and diver14 sity and inclusion issues; and 

15 (4) as the United States becomes more diverse 

16 and the challenges it faces more complex, the United 

17 States must continue to invest in policies to recruit, 

18 retain, and develop the best and brightest from all 

19 segments of the population of the United States. 

20 SEC. 4. DEFINITIONS. 

21 In this Act: 

22 (1) APPLICANT FLOW DATA.—The term ‘‘appli23 cant flow data’’ means data that tracks the rate of 

24 applications for job positions among demographic 

25 categories. 


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1 (2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Relations, 

5 the Committee on Armed Services, the Com6 mittee on Homeland Security and Govern7 mental Affairs, the Select Committee on Intel8 ligence, and the Committee on Appropriations 

9 of the Senate; and 

10 (B) the Committee on Foreign Affairs, the 

11 Committee on Armed Services, the Committee 

12 on Homeland Security, the Permanent Select 

13 Committee on Intelligence, and the Committee 

14 on Appropriations of the House of Representa15 tives. 

16 (3) DIVERSITY.—The term ‘‘diversity’’ means 

17 diversity of persons based on gender, race, ethnicity, 

18 disability status, veteran status, sexual orientation, 

19 gender identity, national origin, and other demo20 graphic categories. 

21 (4) FOREIGN SERVICE.—The term ‘‘Foreign 

22 Service’’ has the meaning given that term in section 

23 102 of the Foreign Service Act of 1980 (22 U.S.C. 

24 3902). 


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1 (5) INTELLIGENCE COMMUNITY.—The term 

2 ‘‘intelligence community’’ has the meaning given 

3 that term in section 3 of the National Security Act 

4 of 1947 (50 U.S.C. 3003). 

5 (6) NATIONAL SECURITY AGENCY.—The term 

6 ‘‘national security agency’’ means— 

7 (A) the Department of State; 

8 (B) the United States Agency for Inter9 national Development; 

10 (C) the Department of Defense; 

11 (D) the Armed Forces; 

12 (E) each element of the intelligence com13 munity; 

14 (F) the Office of International Affairs and 

15 the Office of Critical Infrastructure Protection 

16 of the Department of the Treasury; 

17 (G) the National Security Division of the 

18 Department of Justice and the Federal Bureau 

19 of Investigation; 

20 (H) the Department of Homeland Secu21 rity; 

22 (I) the Foreign Agricultural Service of the 

23 Department of Agriculture; and 

24 (J) any other Federal agency that is pri25 marily engaged in diplomacy, development, deVerDate Sep 11 2014 23:47 Apr 24, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S924.IS S924

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1 fense, intelligence, law enforcement, or home2 land security. 

3 (7) MEMBER OF THE FOREIGN SERVICE.—The 

4 term ‘‘member of the Foreign Service’’ means a 

5 member of the Foreign Service described in section 

6 103 of the Foreign Service Act of 1980 (22 U.S.C. 

7 3903). 

8 (8) WORKFORCE.—The term ‘‘workforce’’ 

9 means an individual serving in a position— 

10 (A) in the civil service (as defined in sec11 tion 2101 of title 5, United States Code); 

12 (B) as a member of the Foreign Service; or 

13 (C) as an officer or enlisted member of an 

14 armed force. 

15 SEC. 5. COLLECTION, ANALYSIS, AND DISSEMINATION OF 

16 WORKFORCE DATA. 

17 (a) INITIAL REPORTING.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of this Act, and subject 

20 to paragraph (3), the head of each national security 

21 agency shall make available to the public, the appro22 priate congressional committees, and the workforce 

23 of the national security agency a report which in24 cludes aggregate demographic data and other inforVerDate Sep 11 2014 23:47 Apr 24, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S924.IS S924

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1 mation regarding the diversity and inclusion efforts 

2 of the workforce of the national security agency. 

3 (2) CONTENTS.—A report made available under 

4 paragraph (1)— 

5 (A) shall include unclassified reports and 

6 barrier analyses relating to diversity and inclu7 sion efforts; 

8 (B) shall include aggregate demographic 

9 data— 

10 (i) by segment of the workforce of the 

11 national security agency and grade or 

12 rank; 

13 (ii) relating to attrition and promotion 

14 rates; 

15 (iii) that addresses the compliance of 

16 the national security agency with validated 

17 inclusion metrics, such as the New Inclu18 sion Quotient index score; and 

19 (iv) that provides demographic com20 parisons to the relevant nongovernmental 

21 labor force and the relevant civilian labor 

22 force; 

23 (C) shall include an analysis of applicant 

24 flow data, including the percentage and level of 

25 positions for which data are collected, and a 


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1 discussion of any resulting policy changes or 

2 recommendations; 

3 (D) shall include demographic data relat4 ing to participants in professional development 

5 programs of the national security agency and 

6 the rate of placement into senior positions for 

7 participants in such programs; 

8 (E) shall include any voluntarily collected 

9 demographic data relating to the membership of 

10 any external advisory committee or board to 

11 which individuals in senior positions in the na12 tional security agency appoint members; and 

13 (F) may include data in proportions or 

14 percentages to account for concerns relating to 

15 the protection of classified information. 

16 (3) INTELLIGENCE COMMUNITY.—The elements 

17 of the intelligence community may make available a 

18 single report with respect to the diversity and inclu19 sion efforts of the workforce of the elements of the 

20 intelligence community under this subsection. 

21 (b) UPDATES.—After making available a report 

22 under subsection (a), the head of each national security 

23 agency shall annually provide a report (which may be pro24 vided as part of an annual report required under another 

25 provision of law) to the workforce of the national security 


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1 agency (including senior leadership), the public, and the 

2 appropriate congressional committees that includes— 

3 (1) demographic data and information on the 

4 status of diversity and inclusion efforts of the na5 tional security agency; 

6 (2) an analysis of applicant flow data, including 

7 the percentage and level of positions for which data 

8 are collected, and a discussion of any resulting policy 

9 changes or recommendations; and 

10 (3) demographic data relating to participants in 

11 professional development programs of the national 

12 security agency and the rate of placement into sen13 ior positions for participants in such programs. 

14 (c) EXPAND THE COLLECTION AND ANALYSIS OF

15 VOLUNTARY APPLICANT FLOW DATA.— 

16 (1) IN GENERAL.—The head of each national 

17 security agency shall develop a system to collect and 

18 analyze applicant flow data for as many positions 

19 within the national security agency as practicable, in 

20 order to identify areas for improvement in attracting 

21 diverse talent, with particular attention to senior 

22 and management positions. 

23 (2) PHASED IMPLEMENTATION.—The collection 

24 of applicant flow data may be implemented by the 

25 head of a national security agency in a phased apVerDate Sep 11 2014 23:47 Apr 24, 2017 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S924.IS S924

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1 proach commensurate with the resources available to 

2 the national security agency. 

3 (d) IDENTIFY ADDITIONAL CATEGORIES FOR VOL4 UNTARY DATA COLLECTION OF CURRENT EMPLOYEES.— 

5 (1) IN GENERAL.—The head of each national 

6 security agency may submit to the Office of Manage7 ment and Budget and to the appropriate congres8 sional committees the recommendation of the head 

9 regarding whether the national security agency 

10 should voluntarily collect more detailed data on de11 mographic categories in addition to the race and eth12 nicity categories specified in the statistical policy di13 rective issued by the Office of Management and 

14 Budget entitled ‘‘Standards for Maintaining, Col15 lecting, and Presenting Federal Data on Race and 

16 Ethnicity’’. 

17 (2) PROCESS.—In making a recommendation 

18 under paragraph (1), the head of a national security 

19 agency shall— 

20 (A) engage in close consultation with inter21 nal stakeholders, such as employee resource or 

22 affinity groups; 

23 (B) ensure that there is clear communica24 tion with the workforce of the national security 

25 agency— 


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1 (i) to explain the purpose of the po2 tential collection of such data; and 

3 (ii) regarding legal protections relat4 ing to any anticipated use of such data; 

5 and 

6 (C) ensure adherence to relevant standards 

7 and guidance issued by the Federal Govern8 ment. 

9 SEC. 6. PROFESSIONAL DEVELOPMENT OPPORTUNITIES 

10 AND TOOLS. 

11 (a) CONDUCT STAY AND EXIT INTERVIEWS OR SUR12 VEYS.— 

13 (1) RETAINED MEMBERS.—Each national secu14 rity agency shall conduct periodic interviews with a 

15 representative cross-section of the members of the 

16 workforce of the national security agency to— 

17 (A) understand the reasons of the mem18 bers for remaining in a position in the national 

19 security agency; and 

20 (B) receive feedback on workplace policies, 

21 professional development opportunities, and 

22 other issues affecting the decision of the mem23 bers to remain. 

24 (2) DEPARTING MEMBERS.—Each national se25 curity agency shall provide an opportunity for an 


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1 exit interview or survey to each member of the work2 force of the national security agency who separates 

3 from service with the national security agency, to 

4 understand better the reasons of the member for 

5 leaving. 

6 (3) USE OF ANALYSIS FROM INTERVIEWS AND

7 SURVEYS.—Each national security agency shall ana8 lyze and use information obtained through interviews 

9 and surveys under paragraphs (1) and (2), including 

10 to evaluate— 

11 (A) if and how the results of the interviews 

12 differ by gender, race, national origin, sexual 

13 orientation, gender identity, disability status, 

14 and other demographic categories; and 

15 (B) whether to implement any policy 

16 changes or make any recommendations as part 

17 of a report required under section 5. 

18 (b) EXPAND PROVISION OF PROFESSIONAL DEVEL19 OPMENT AND CAREER ADVANCEMENT OPPORTUNITIES.— 

20 (1) IN GENERAL.—Each national security agen21 cy is authorized to expand professional development 

22 opportunities that support the mission needs of the 

23 national security agency, such as— 

24 (A) academic programs; 

25 (B) private-public exchanges; and 


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1 (C) detail assignments to relevant positions 

2 in— 

3 (i) private or international organiza4 tions; 

5 (ii) State, local, and tribal govern6 ments; 

7 (iii) other branches of the Federal 

8 Government; or 

9 (iv) professional schools of inter10 national affairs. 

11 (2) TRAINING FOR SENIOR POSITIONS.— 

12 (A) IN GENERAL.—Each national security 

13 agency shall offer, or sponsor members of the 

14 workforce of the national security agency to 

15 participate in, a Senior Executive Service can16 didate development program or other program 

17 that trains members of the workforce of the na18 tional security agency on the skills required for 

19 appointment to senior positions in the national 

20 security agency. 

21 (B) REQUIREMENTS.—In determining 

22 which members of the workforce of the national 

23 security agency are granted professional devel24 opment or career advancement opportunities, a 

25 national security agency shall— 


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1 (i) ensure any program offered or 

2 sponsored by the national security agency 

3 under subparagraph (A) comports with the 

4 requirements of subpart C of part 412 of 

5 title 5, Code of Federal Regulations, or 

6 any successor thereto, including merit 

7 staffing and assessment requirements; 

8 (ii) consider the number of expected 

9 vacancies in senior positions as a factor in 

10 determining the number of candidates to 

11 select for such programs; 

12 (iii) understand how participation in 

13 any program offered or sponsored by the 

14 national security agency under subpara15 graph (A) differs by gender, race, national 

16 origin, sexual orientation, gender identity, 

17 disability status, and other demographic 

18 categories; and 

19 (iv) actively encourage participation 

20 from a range of demographic categories, 

21 especially from categories with consistently 

22 low participation. 

23 (3) TRACKING DATA.—Each national security 

24 agency shall— 


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1 (A) track demographic data relating to 

2 participants in professional development pro3 grams and the rate of placement into senior po4 sitions for participants in such programs; and 

5 (B) evaluate such data on an annual basis 

6 to look for ways to improve outreach and re7 cruitment for such programs consistent with 

8 merit system principles. 

9 (c) ASSIGNMENT RESTRICTIONS.— 

10 (1) IN GENERAL.—Each national security agen11 cy that places assignment restrictions on members of 

12 the workforce of the national security agency or oth13 erwise prohibits certain geographic assignments due 

14 to a security determination shall ensure a review 

15 process exists for such a restriction or prohibition 

16 that is consistent with part 147 of title 32, Code of 

17 Federal Regulations (relating to adjudicative guide18 lines for determining eligibility for access to classi19 fied information), or any successor thereto, and any 

20 applicable counterintelligence considerations. 

21 (2) NOTICE.—Each national security agency 

22 shall ensure that members of the workforce of the 

23 national security agency affected by a restriction or 

24 prohibition described in paragraph (1) are informed 


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1 of the right to seek review and the process for doing 

2 so. 

3 SEC. 7. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. 

4 (a) REWARD AND RECOGNIZE EFFORTS TO PRO5 MOTE DIVERSITY AND INCLUSION.— 

6 (1) IN GENERAL.—Each national security agen7 cy shall implement performance and advancement 

8 requirements that reward and recognize the efforts 

9 of individuals in senior positions and supervisors in 

10 the national security agency in fostering an inclusive 

11 environment and cultivating talent consistent with 

12 merit system principles, such as through participa13 tion in mentoring programs or sponsorship initia14 tives, recruitment events, and other similar opportu15 nities. 

16 (2) OUTREACH EVENTS.—Each national secu17 rity agency shall create opportunities for individuals 

18 in senior positions and supervisors in the national 

19 security agency to participate in outreach events and 

20 to discuss issues relating to diversity and inclusion 

21 with the workforce on a regular basis, including with 

22 employee resource groups. 

23 (b) COLLECT AND DISSEMINATE VOLUNTARY DEMO24 GRAPHIC DATA OF EXTERNAL ADVISORY COMMITTEES

25 AND BOARDS.—Each national security agency that has an 


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1 external advisory committee or board to which individuals 

2 in senior positions in the national security agency appoint 

3 members is strongly encouraged by Congress to— 

4 (1) collect voluntary demographic data from the 

5 members of committee or board; and 

6 (2) ensure the external advisory committee or 

7 board is developed, reviewed, and carried out by 

8 teams that represent the diversity of the organiza9 tion. 

10 (c) EXPAND TRAINING ON BIAS, INCLUSION, AND

11 FLEXIBLE WORK POLICIES.— 

12 (1) IN GENERAL.—Each national security agen13 cy shall— 

14 (A) expand the provision of training on 

15 bias, including implicit or unconscious bias, 

16 micro-inequities, inclusion, and flexible work 

17 policies to the workforce of the national security 

18 agency; and 

19 (B) make micro-inequities and bias train20 ing, including on implicit or unconscious bias, 

21 mandatory for— 

22 (i) individuals in senior positions in 

23 the national security agency; 


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1 (ii) other individuals holding manage2 ment positions in the national security 

3 agency; and 

4 (iii) individuals in positions at the na5 tional security agency having responsibil6 ities relating to outreach, recruitment, hir7 ing, career development, promotion, or se8 curity clearance adjudication. 

9 (2) PHASED IMPLEMENTATION.—The provision 

10 of training required under paragraph (1) may be im11 plemented in a phased approach commensurate with 

12 the resources of the national security agency. 

13 (3) LOW INCLUSION SCORES.—Each national 

14 security agency shall make available training on im15 plicit or unconscious bias for members of the work16 force of a bureau, directorate, division, office, or 

17 other component of the national security agency the 

18 inclusion scores of which, such as those measured by 

19 the New Inclusion Quotient index score, rank below 

20 the average for the national security agency for a 

21 period of 3 years or longer. 

22 (4) BEST PRACTICES.—Each national security 

23 agency shall give special attention to ensuring the 

24 continuous incorporation of research-based best 

25 practices in training provided under this subsection, 


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1 including best practices relating to addressing the 

2 intersection between certain demographics and job 

3 positions. 

4 SEC. 8. RECRUITMENT. 

5 (a) IN GENERAL.—Each national security agency 

6 should— 

7 (1) continue to seek a diverse and talented pool 

8 of applicants; 

9 (2) have diversity recruitment as a goal of the 

10 human resources department or equivalent entity, 

11 with outreach at appropriate colleges, universities, 

12 and diversity organizations and professional associa13 tions; and 

14 (3) intensify, identify, and build relationships 

15 with qualified potential minority candidates. 

16 (b) SCOPE.—The diversity recruitment initiatives de17 scribed in subsection (a) should include— 

18 (1) recruiting at historically black colleges and 

19 universities, Hispanic-serving institutions, women’s 

20 colleges, and colleges that typically serve majority 

21 minority populations; 

22 (2) sponsoring and recruiting at job fairs in 

23 urban communities; 


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1 (3) placing job advertisements in newspapers, 

2 magazines, and job sites oriented toward diverse 

3 groups; 

4 (4) providing opportunities through highly re5 spected, international leadership programs, that 

6 focus on diversity recruitment and retention; and 

7 (5) cultivating partnerships with organizations 

8 dedicated to the advancement of the profession of 

9 international affairs and national security to advance 

10 shared diversity goals. 

11 SEC. 9. GENERAL PROVISIONS. 

12 (a) RULE OF CONSTRUCTION.—Nothing in this Act 

13 shall be construed to impair or otherwise affect— 

14 (1) the authority granted by law to an executive 

15 department, agency, or the head thereof, or the sta16 tus of that executive department or agency within 

17 the Federal Government; or 

18 (2) the functions of the Director of the Office 

19 of Management and Budget relating to budgetary, 

20 administrative, or legislative proposals. 

21 (b) IMPLEMENTATION.—This Act shall be imple22 mented consistent with applicable law. 

23 (c) NO PRIVATE RIGHT OF ACTION.—This Act is not 

24 intended to, and does not, create any right or benefit, sub25 stantive or procedural, enforceable at law or in equity by 


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1 any party against the United States, its departments, 

2 agencies, or entities, its officers, employees, or agents, or 

3 any other person. 

Æ 


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