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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 497 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                 S. 497

    To improve diversity and inclusion in the workforce of national 
               security agencies, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2019

   Mr. Cardin (for himself, Mr. Booker, Mr. Coons, Mr. Schatz, Mrs. 
 Shaheen, and Mr. Reed) 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Security Diversity and 
Inclusion Workforce Act of 2019''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The greatest national asset of the United States in 
        protecting the homeland and advancing the interests of the 
        United States abroad is the talent and diversity of the 
        national security workforce.
            (2) The United States has made important progress toward 
        harnessing the extraordinary range of backgrounds, cultures, 
        perspectives, skills, and experiences of the population of the 
        United States toward keeping the United States safe and strong.
            (3) The 2015 National Security Strategy recognized that the 
        diversity of the national security workforce of the United 
        States is a strategic asset that enhances the ability of the 
        United States to lead on the global stage.
            (4) Secretary of State Mike Pompeo remarked at his 
        nomination hearing before the Committee on Foreign Relations of 
        the Senate in April 2018 that he deeply believed the workforce 
        of the Department of State must be diverse ``in every sense of 
        the word''.
            (5) In March 2011, the Military Leadership Diversity 
        Commission demonstrated that minorities and women are still 
        underrepresented among the top leadership of the Armed Forces, 
        as compared with the members they lead.
            (6) Although African Americans, Native Americans (including 
        Native Hawaiians), and Asians represent 21 percent of the 
        workforce of the Department of State, in 2018, only 8 percent 
        and 7 percent of the senior positions in the civil service and 
        the Foreign Service at the Department of State, respectively, 
        were occupied by members of these groups.
            (7) Although Latinos or Hispanics, represent 7 percent of 
        the workforce of the Department of State, in 2018, only 5 
        percent of the senior positions in the civil service and the 
        Foreign Service at the Department of State were occupied by 
        members of these groups.
            (8) As of 2018, African Americans, Asians, and other racial 
        minorities (including Native Hawaiians and other Pacific 
        Islanders, American Indians, and Alaska Natives) represented 33 
        percent of the active duty enlisted members of the Armed Forces 
        but only 23 percent of the officer corps of the Armed Forces, 
        while members of the Armed Forces of Hispanic origin 
        represented 18 percent of the enlisted force but only 8 percent 
        of the officer corps.
            (9) In the intelligence community, African Americans, 
        Latinos or Hispanics, Native Americans, and Asians, along with 
        other minority groups, represented 25 percent of the employees, 
        but only 13 percent of the senior positions.
            (10) The percentages of Latinos or Hispanics as part of the 
        overall Federal workforce and in senior positions in the 
        Federal workforce are even lower, at 8.6 percent and 4.6 
        percent, respectively, as compared to the general population of 
        the United States, which is 17 percent Latino or Hispanic.
            (11) With regard to gender diversity, of the individuals in 
        senior positions in the civil service or the Foreign Service at 
        the Department of State 40 percent and 32 percent are female, 
        respectively. For the Department of Defense, 24 percent of the 
        individuals in senior civilian positions are female, of the 
        senior grades of the Armed Forces, 8 percent of the officers 
        are female, and 12 percent of enlisted members of the Armed 
        Forces are females. Of the individuals in senior positions in 
        the intelligence community, 30 percent are female, compared to 
        the overall Federal workforce, which is 42 percent female.
            (12) In concert with the findings of the Military 
        Leadership Diversity Commission, the amendments made by section 
        519 of the National Defense Authorization Act for Fiscal Year 
        2013 (Public Law 112-239; 126 Stat. 1721) mandated that the 
        Armed Forces develop and implement a plan to accurately measure 
        the efforts of the Department of Defense and Coast Guard to 
        ``achieve a dynamic, sustainable level of members of the armed 
        forces (including reserve components) that, among both 
        commissioned officers and senior enlisted personnel of each 
        armed force, will reflect the diverse population of the United 
        States eligible to serve in the armed forces, including gender 
        specific, racial, and ethnic populations.''.
            (13) The amendments made by section 1011 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 118 Stat. 3643) called on the intelligence 
        community to prescribe personnel policies and programs that 
        ensure its personnel ``are sufficiently diverse for purposes of 
        the collection and analysis of intelligence through the 
        recruitment and training of women, minorities, and individuals 
        with diverse ethnic, cultural, and linguistic backgrounds''.
            (14) The Department of State Authorities Act, Fiscal Year 
        2017 (Public Law 114-323), urges the State Department to 
        promote a diverse representation among mid- and senior-level 
        career professionals and section 101 of the Foreign Service Act 
        of 1980 (22 U.S.C. 3901) urges the Department of State to 
        develop policies to encourage the entry into and advancement in 
        the Foreign Service by persons from all segments of American 
        society.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States that--
            (1) in order to protect the homeland and advance the 
        interests of the United States abroad, national security 
        agencies of the Federal Government must have a workforce that 
        reflects the rich composition and talent of its citizenry;
            (2) the skills, knowledge, perspectives, ideas, and 
        experiences of all of the members of the workforce of national 
        security agencies contribute to the vitality and success of 
        their national security mission;
            (3) promoting diversity and inclusion within the national 
        security workforce must be a joint effort and requires 
        engagement by senior leadership, managers, and the entire 
        workforce, as well as effective collaboration among those 
        responsible for human resources, equal employment opportunity, 
        and diversity and inclusion issues; and
            (4) as the United States becomes more diverse and the 
        challenges it faces more complex, the United States must 
        continue to invest in policies to recruit, retain, and develop 
        the best and brightest from all segments of the population of 
        the United States.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Applicant flow data.--The term ``applicant flow data'' 
        means data that tracks the rate of applications for job 
        positions among demographic categories.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Armed Services, the Committee on Homeland 
                Security and Governmental Affairs, the Select Committee 
                on Intelligence, and the Committee on Appropriations of 
                the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Armed Services, the Committee on Homeland Security, 
                the Permanent Select Committee on Intelligence, and the 
                Committee on Appropriations of the House of 
                Representatives.
            (3) Diversity.--The term ``diversity'' means diversity of 
        persons based on gender, race, ethnicity, disability status, 
        veteran status, sexual orientation, gender identity, national 
        origin, and other demographic categories.
            (4) Foreign service.--The term ``Foreign Service'' has the 
        meaning given that term in section 102 of the Foreign Service 
        Act of 1980 (22 U.S.C. 3902).
            (5) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            (6) National security agency.--The term ``national security 
        agency'' means--
                    (A) the Department of State;
                    (B) the United States Agency for International 
                Development;
                    (C) the Department of Defense;
                    (D) the Armed Forces;
                    (E) each element of the intelligence community;
                    (F) the Office of International Affairs and the 
                Office of Critical Infrastructure Protection of the 
                Department of the Treasury;
                    (G) the National Security Division of the 
                Department of Justice and the Federal Bureau of 
                Investigation;
                    (H) the Department of Homeland Security;
                    (I) the Foreign Agricultural Service of the 
                Department of Agriculture; and
                    (J) any other Federal agency that is primarily 
                engaged in diplomacy, development, defense, 
                intelligence, law enforcement, or homeland security.
            (7) Member of the foreign service.--The term ``member of 
        the Foreign Service'' means a member of the Foreign Service 
        described in section 103 of the Foreign Service Act of 1980 (22 
        U.S.C. 3903).
            (8) Workforce.--The term ``workforce'' means an individual 
        serving in a position--
                    (A) in the civil service (as defined in section 
                2101 of title 5, United States Code);
                    (B) as a member of the Foreign Service; or
                    (C) as an officer or enlisted member of an armed 
                force.

SEC. 5. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.

    (a) Initial Reporting.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and subject to paragraph (3), the head 
        of each national security agency shall make available to the 
        public, the appropriate congressional committees, and the 
        workforce of the national security agency a report which 
        includes aggregate demographic data and other information 
        regarding the diversity and inclusion efforts of the workforce 
        of the national security agency.
            (2) Contents.--A report made available under paragraph 
        (1)--
                    (A) shall include unclassified reports and barrier 
                analyses relating to diversity and inclusion efforts;
                    (B) shall include aggregate demographic data--
                            (i) by segment of the workforce of the 
                        national security agency and grade or rank;
                            (ii) relating to attrition and promotion 
                        rates;
                            (iii) that addresses the compliance of the 
                        national security agency with validated 
                        inclusion metrics, such as the New Inclusion 
                        Quotient index score; and
                            (iv) that provides demographic comparisons 
                        to the relevant nongovernmental labor force and 
                        the relevant civilian labor force;
                    (C) shall include an analysis of applicant flow 
                data, including the percentage and level of positions 
                for which data are collected, and a discussion of any 
                resulting policy changes or recommendations;
                    (D) shall include demographic data relating to 
                participants in professional development programs of 
                the national security agency and the rate of placement 
                into senior positions for participants in such 
                programs;
                    (E) shall include any voluntarily collected 
                demographic data relating to the membership of any 
                external advisory committee or board to which 
                individuals in senior positions in the national 
                security agency appoint members; and
                    (F) may include data in proportions or percentages 
                to account for concerns relating to the protection of 
                classified information.
            (3) Intelligence community.--The elements of the 
        intelligence community may make available a single report with 
        respect to the diversity and inclusion efforts of the workforce 
        of the elements of the intelligence community under this 
        subsection.
    (b) Updates.--After making available a report under subsection (a), 
the head of each national security agency shall annually provide a 
report (which may be provided as part of an annual report required 
under another provision of law) to the workforce of the national 
security agency (including senior leadership), the public, and the 
appropriate congressional committees that includes--
            (1) demographic data and information on the status of 
        diversity and inclusion efforts of the national security 
        agency;
            (2) an analysis of applicant flow data, including the 
        percentage and level of positions for which data are collected, 
        and a discussion of any resulting policy changes or 
        recommendations; and
            (3) demographic data relating to participants in 
        professional development programs of the national security 
        agency and the rate of placement into senior positions for 
        participants in such programs.
    (c) Expand the Collection and Analysis of Voluntary Applicant Flow 
Data.--
            (1) In general.--The head of each national security agency 
        shall develop a system to collect and analyze applicant flow 
        data for as many positions within the national security agency 
        as practicable, in order to identify areas for improvement in 
        attracting diverse talent, with particular attention to senior 
        and management positions.
            (2) Phased implementation.--The collection of applicant 
        flow data may be implemented by the head of a national security 
        agency in a phased approach commensurate with the resources 
        available to the national security agency.
    (d) Identify Additional Categories for Voluntary Data Collection of 
Current Employees.--
            (1) In general.--The head of each national security agency 
        may submit to the Office of Management and Budget and to the 
        appropriate congressional committees the recommendation of the 
        head regarding whether the national security agency should 
        voluntarily collect more detailed data on demographic 
        categories in addition to the race and ethnicity categories 
        specified in the statistical policy directive issued by the 
        Office of Management and Budget entitled ``Standards for 
        Maintaining, Collecting, and Presenting Federal Data on Race 
        and Ethnicity''.
            (2) Process.--In making a recommendation under paragraph 
        (1), the head of a national security agency shall--
                    (A) engage in close consultation with internal 
                stakeholders, such as employee resource or affinity 
                groups;
                    (B) ensure that there is clear communication with 
                the workforce of the national security agency--
                            (i) to explain the purpose of the potential 
                        collection of such data; and
                            (ii) regarding legal protections relating 
                        to any anticipated use of such data; and
                    (C) ensure adherence to relevant standards and 
                guidance issued by the Federal Government.

SEC. 6. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.

    (a) Conduct Stay and Exit Interviews or Surveys.--
            (1) Retained members.--Each national security agency shall 
        conduct periodic interviews with a representative cross-section 
        of the members of the workforce of the national security agency 
        to--
                    (A) understand the reasons of the members for 
                remaining in a position in the national security 
                agency; and
                    (B) receive feedback on workplace policies, 
                professional development opportunities, and other 
                issues affecting the decision of the members to remain.
            (2) Departing members.--Each national security agency shall 
        provide an opportunity for an exit interview or survey to each 
        member of the workforce of the national security agency who 
        separates from service with the national security agency, to 
        understand better the reasons of the member for leaving.
            (3) Use of analysis from interviews and surveys.--Each 
        national security agency shall analyze and use information 
        obtained through interviews and surveys under paragraphs (1) 
        and (2), including to evaluate--
                    (A) if and how the results of the interviews differ 
                by gender, race, national origin, sexual orientation, 
                gender identity, disability status, and other 
                demographic categories; and
                    (B) whether to implement any policy changes or make 
                any recommendations as part of a report required under 
                section 5.
    (b) Expand Provision of Professional Development and Career 
Advancement Opportunities.--
            (1) In general.--Each national security agency is 
        authorized to expand professional development opportunities 
        that support the mission needs of the national security agency, 
        such as--
                    (A) academic programs;
                    (B) private-public exchanges; and
                    (C) detail assignments to relevant positions in--
                            (i) private or international organizations;
                            (ii) State, local, and tribal governments;
                            (iii) other branches of the Federal 
                        Government; or
                            (iv) professional schools of international 
                        affairs.
            (2) Training for senior positions.--
                    (A) In general.--Each national security agency 
                shall offer, or sponsor members of the workforce of the 
                national security agency to participate in, a Senior 
                Executive Service candidate development program or 
                other program that trains members of the workforce of 
                the national security agency on the skills required for 
                appointment to senior positions in the national 
                security agency.
                    (B) Requirements.--In determining which members of 
                the workforce of the national security agency are 
                granted professional development or career advancement 
                opportunities, a national security agency shall--
                            (i) ensure any program offered or sponsored 
                        by the national security agency under 
                        subparagraph (A) comports with the requirements 
                        of subpart C of part 412 of title 5, Code of 
                        Federal Regulations, or any successor thereto, 
                        including merit staffing and assessment 
                        requirements;
                            (ii) consider the number of expected 
                        vacancies in senior positions as a factor in 
                        determining the number of candidates to select 
                        for such programs;
                            (iii) understand how participation in any 
                        program offered or sponsored by the national 
                        security agency under subparagraph (A) differs 
                        by gender, race, national origin, sexual 
                        orientation, gender identity, disability 
                        status, and other demographic categories; and
                            (iv) actively encourage participation from 
                        a range of demographic categories, especially 
                        from categories with consistently low 
                        participation.
            (3) Tracking data.--Each national security agency shall--
                    (A) track demographic data relating to participants 
                in professional development programs and the rate of 
                placement into senior positions for participants in 
                such programs; and
                    (B) evaluate such data on an annual basis to look 
                for ways to improve outreach and recruitment for such 
                programs consistent with merit system principles.
    (c) Assignment Restrictions.--
            (1) In general.--Each national security agency that places 
        assignment restrictions on members of the workforce of the 
        national security agency or otherwise prohibits certain 
        geographic assignments due to a security determination shall 
        ensure a review process exists for such a restriction or 
        prohibition that is consistent with part 147 of title 32, Code 
        of Federal Regulations (relating to adjudicative guidelines for 
        determining eligibility for access to classified information), 
        or any successor thereto, and any applicable 
        counterintelligence considerations.
            (2) Notice.--Each national security agency shall ensure 
        that members of the workforce of the national security agency 
        affected by a restriction or prohibition described in paragraph 
        (1) are informed of the right to seek review and the process 
        for doing so.

SEC. 7. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.

    (a) Reward and Recognize Efforts To Promote Diversity and 
Inclusion.--
            (1) In general.--Each national security agency shall 
        implement performance and advancement requirements that reward 
        and recognize the efforts of individuals in senior positions 
        and supervisors in the national security agency in fostering an 
        inclusive environment and cultivating talent consistent with 
        merit system principles, such as through participation in 
        mentoring programs or sponsorship initiatives, recruitment 
        events, and other similar opportunities.
            (2) Outreach events.--Each national security agency shall 
        create opportunities for individuals in senior positions and 
        supervisors in the national security agency to participate in 
        outreach events and to discuss issues relating to diversity and 
        inclusion with the workforce on a regular basis, including with 
        employee resource groups.
    (b) Collect and Disseminate Voluntary Demographic Data of External 
Advisory Committees and Boards.--Each national security agency that has 
an external advisory committee or board to which individuals in senior 
positions in the national security agency appoint members is strongly 
encouraged by Congress to--
            (1) collect voluntary demographic data from the members of 
        committee or board; and
            (2) ensure the external advisory committee or board is 
        developed, reviewed, and carried out by teams that represent 
        the diversity of the organization.
    (c) Expand Training on Bias, Inclusion, and Flexible Work 
Policies.--
            (1) In general.--Each national security agency shall--
                    (A) expand the provision of training on bias, 
                including implicit or unconscious bias, micro-
                inequities, inclusion, and flexible work policies to 
                the workforce of the national security agency; and
                    (B) make micro-inequities and bias training, 
                including on implicit or unconscious bias, mandatory 
                for--
                            (i) individuals in senior positions in the 
                        national security agency;
                            (ii) other individuals holding management 
                        positions in the national security agency; and
                            (iii) individuals in positions at the 
                        national security agency having 
                        responsibilities relating to outreach, 
                        recruitment, hiring, career development, 
                        promotion, or security clearance adjudication.
            (2) Phased implementation.--The provision of training 
        required under paragraph (1) may be implemented in a phased 
        approach commensurate with the resources of the national 
        security agency.
            (3) Low inclusion scores.--Each national security agency 
        shall make available training on implicit or unconscious bias 
        for members of the workforce of a bureau, directorate, 
        division, office, or other component of the national security 
        agency the inclusion scores of which, such as those measured by 
        the New Inclusion Quotient index score, rank below the average 
        for the national security agency for a period of 3 years or 
        longer.
            (4) Best practices.--Each national security agency shall 
        give special attention to ensuring the continuous incorporation 
        of research-based best practices in training provided under 
        this subsection, including best practices relating to 
        addressing the intersection between certain demographics and 
        job positions.

SEC. 8. RECRUITMENT.

    (a) In General.--Each national security agency should--
            (1) continue to seek a diverse and talented pool of 
        applicants;
            (2) have diversity recruitment as a goal of the human 
        resources department or equivalent entity, with outreach at 
        appropriate colleges, universities, and diversity organizations 
        and professional associations; and
            (3) intensify, identify, and build relationships with 
        qualified potential minority candidates.
    (b) Scope.--The diversity recruitment initiatives described in 
subsection (a) should include--
            (1) recruiting at historically black colleges and 
        universities, Hispanic-serving institutions, women's colleges, 
        and colleges that typically serve majority minority 
        populations;
            (2) sponsoring and recruiting at job fairs in urban 
        communities;
            (3) placing job advertisements in newspapers, magazines, 
        and job sites oriented toward diverse groups;
            (4) providing opportunities through highly respected, 
        international leadership programs, that focus on diversity 
        recruitment and retention; and
            (5) cultivating partnerships with organizations dedicated 
        to the advancement of the profession of international affairs 
        and national security to advance shared diversity goals.

SEC. 9. GENERAL PROVISIONS.

    (a) Rule of Construction.--Nothing in this Act shall be construed 
to impair or otherwise affect--
            (1) the authority granted by law to an executive 
        department, agency, or the head thereof, or the status of that 
        executive department or agency within the Federal Government; 
        or
            (2) the functions of the Director of the Office of 
        Management and Budget relating to budgetary, administrative, or 
        legislative proposals.
    (b) Implementation.--This Act shall be implemented consistent with 
applicable law.
    (c) No Private Right of Action.--This Act is not intended to, and 
does not, create any right or benefit, substantive or procedural, 
enforceable at law or in equity by any party against the United States, 
its departments, agencies, or entities, its officers, employees, or 
agents, or any other person.
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