II 

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. 

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 2019’’. 

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) Secretary of State Mike Pompeo remarked 

14 at his nomination hearing before the Committee on 

15 Foreign Relations of the Senate in April 2018 that 

16 he deeply believed the workforce of the Department 

17 of State must be diverse ‘‘in every sense of the 

18 word’’. 

19 (5) In March 2011, the Military Leadership Di20 versity Commission demonstrated that minorities 

21 and women are still underrepresented among the top 

22 leadership of the Armed Forces, as compared with 

23 the members they lead. 

24 (6) Although African Americans, Native Ameri25 cans (including Native Hawaiians), and Asians repVerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497

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1 resent 21 percent of the workforce of the Depart2 ment of State, in 2018, only 8 percent and 7 percent 

3 of the senior positions in the civil service and the 

4 Foreign Service at the Department of State, respec5 tively, were occupied by members of these groups. 

6 (7) Although Latinos or Hispanics, represent 7 

7 percent of the workforce of the Department of State, 

8 in 2018, only 5 percent of the senior positions in the 

9 civil service and the Foreign Service at the Depart10 ment of State were occupied by members of these 

11 groups. 

12 (8) As of 2018, African Americans, Asians, and 

13 other racial minorities (including Native Hawaiians 

14 and other Pacific Islanders, American Indians, and 

15 Alaska Natives) represented 33 percent of the active 

16 duty enlisted members of the Armed Forces but only 

17 23 percent of the officer corps of the Armed Forces, 

18 while members of the Armed Forces of Hispanic ori19 gin represented 18 percent of the enlisted force but 

20 only 8 percent of the officer corps. 

21 (9) In the intelligence community, African 

22 Americans, Latinos or Hispanics, Native Americans, 

23 and Asians, along with other minority groups, rep24 resented 25 percent of the employees, but only 13 

25 percent of the senior positions. 


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1 (10) The percentages of Latinos or Hispanics 

2 as part of the overall Federal workforce and in sen3 ior positions in the Federal workforce are even 

4 lower, at 8.6 percent and 4.6 percent, respectively, 

5 as compared to the general population of the United 

6 States, which is 17 percent Latino or Hispanic. 

7 (11) With regard to gender diversity, of the in8 dividuals in senior positions in the civil service or the 

9 Foreign Service at the Department of State 40 per10 cent and 32 percent are female, respectively. For the 

11 Department of Defense, 24 percent of the individ12 uals in senior civilian positions are female, of the 

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

14 officers are female, and 12 percent of enlisted mem15 bers of the Armed Forces are females. Of the indi16 viduals in senior positions in the intelligence commu17 nity, 30 percent are female, compared to the overall 

18 Federal workforce, which is 42 percent female. 

19 (12) In concert with the findings of the Military 

20 Leadership Diversity Commission, the amendments 

21 made by section 519 of the National Defense Au22 thorization Act for Fiscal Year 2013 (Public Law 

23 112–239; 126 Stat. 1721) mandated that the Armed 

24 Forces develop and implement a plan to accurately 

25 measure the efforts of the Department of Defense 


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

2 level of members of the armed forces (including re3 serve components) that, among both commissioned 

4 officers and senior enlisted personnel of each armed 

5 force, will reflect the diverse population of the 

6 United States eligible to serve in the armed forces, 

7 including gender specific, racial, and ethnic popu8 lations.’’. 

9 (13) The amendments made by section 1011 of 

10 the Intelligence Reform and Terrorism Prevention 

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

12 called on the intelligence community to prescribe 

13 personnel policies and programs that ensure its per14 sonnel ‘‘are sufficiently diverse for purposes of the 

15 collection and analysis of intelligence through the re16 cruitment and training of women, minorities, and in17 dividuals with diverse ethnic, cultural, and linguistic 

18 backgrounds’’. 

19 (14) The Department of State Authorities Act, 

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

21 State Department to promote a diverse representa22 tion among mid- and senior-level career professionals 

23 and section 101 of the Foreign Service Act of 1980 

24 (22 U.S.C. 3901) urges the Department of State to 

25 develop policies to encourage the entry into and adVerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497

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1 vancement in the Foreign Service by persons from 

2 all segments of American society. 

3 SEC. 3. STATEMENT OF POLICY. 

4 It is the policy of the United States that— 

5 (1) in order to protect the homeland and ad6 vance the interests of the United States abroad, na7 tional security agencies of the Federal Government 

8 must have a workforce that reflects the rich com9 position and talent of its citizenry; 

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

11 and experiences of all of the members of the work12 force of national security agencies contribute to the 

13 vitality and success of their national security mis14 sion; 

15 (3) promoting diversity and inclusion within the 

16 national security workforce must be a joint effort 

17 and requires engagement by senior leadership, man18 agers, and the entire workforce, as well as effective 

19 collaboration among those responsible for human re20 sources, equal employment opportunity, and diver21 sity and inclusion issues; and 

22 (4) as the United States becomes more diverse 

23 and the challenges it faces more complex, the United 

24 States must continue to invest in policies to recruit, 


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1 retain, and develop the best and brightest from all 

2 segments of the population of the United States. 

3 SEC. 4. DEFINITIONS. 

4 In this Act: 

5 (1) APPLICANT FLOW DATA.—The term ‘‘appli6 cant flow data’’ means data that tracks the rate of 

7 applications for job positions among demographic 

8 categories. 

9 (2) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committee on Foreign Relations, 

13 the Committee on Armed Services, the Com14 mittee on Homeland Security and Govern15 mental Affairs, the Select Committee on Intel16 ligence, and the Committee on Appropriations 

17 of the Senate; and 

18 (B) the Committee on Foreign Affairs, the 

19 Committee on Armed Services, the Committee 

20 on Homeland Security, the Permanent Select 

21 Committee on Intelligence, and the Committee 

22 on Appropriations of the House of Representa23 tives. 

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

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


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1 disability status, veteran status, sexual orientation, 

2 gender identity, national origin, and other demo3 graphic categories. 

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

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

6 102 of the Foreign Service Act of 1980 (22 U.S.C. 

7 3902). 

8 (5) INTELLIGENCE COMMUNITY.—The term 

9 ‘‘intelligence community’’ has the meaning given 

10 that term in section 3 of the National Security Act 

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

12 (6) NATIONAL SECURITY AGENCY.—The term 

13 ‘‘national security agency’’ means— 

14 (A) the Department of State; 

15 (B) the United States Agency for Inter16 national Development; 

17 (C) the Department of Defense; 

18 (D) the Armed Forces; 

19 (E) each element of the intelligence com20 munity; 

21 (F) the Office of International Affairs and 

22 the Office of Critical Infrastructure Protection 

23 of the Department of the Treasury; 


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1 (G) the National Security Division of the 

2 Department of Justice and the Federal Bureau 

3 of Investigation; 

4 (H) the Department of Homeland Secu5 rity; 

6 (I) the Foreign Agricultural Service of the 

7 Department of Agriculture; and 

8 (J) any other Federal agency that is pri9 marily engaged in diplomacy, development, de10 fense, intelligence, law enforcement, or home11 land security. 

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

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

14 member of the Foreign Service described in section 

15 103 of the Foreign Service Act of 1980 (22 U.S.C. 

16 3903). 

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

18 means an individual serving in a position— 

19 (A) in the civil service (as defined in sec20 tion 2101 of title 5, United States Code); 

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

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

23 armed force. 


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

2 WORKFORCE DATA. 

3 (a) INITIAL REPORTING.— 

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

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

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

7 agency shall make available to the public, the appro8 priate congressional committees, and the workforce 

9 of the national security agency a report which in10 cludes aggregate demographic data and other infor11 mation regarding the diversity and inclusion efforts 

12 of the workforce of the national security agency. 

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

14 paragraph (1)— 

15 (A) shall include unclassified reports and 

16 barrier analyses relating to diversity and inclu17 sion efforts; 

18 (B) shall include aggregate demographic 

19 data— 

20 (i) by segment of the workforce of the 

21 national security agency and grade or 

22 rank; 

23 (ii) relating to attrition and promotion 

24 rates; 

25 (iii) that addresses the compliance of 

26 the national security agency with validated 


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1 inclusion metrics, such as the New Inclu2 sion Quotient index score; and 

3 (iv) that provides demographic com4 parisons to the relevant nongovernmental 

5 labor force and the relevant civilian labor 

6 force; 

7 (C) shall include an analysis of applicant 

8 flow data, including the percentage and level of 

9 positions for which data are collected, and a 

10 discussion of any resulting policy changes or 

11 recommendations; 

12 (D) shall include demographic data relat13 ing to participants in professional development 

14 programs of the national security agency and 

15 the rate of placement into senior positions for 

16 participants in such programs; 

17 (E) shall include any voluntarily collected 

18 demographic data relating to the membership of 

19 any external advisory committee or board to 

20 which individuals in senior positions in the na21 tional security agency appoint members; and 

22 (F) may include data in proportions or 

23 percentages to account for concerns relating to 

24 the protection of classified information. 


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1 (3) INTELLIGENCE COMMUNITY.—The elements 

2 of the intelligence community may make available a 

3 single report with respect to the diversity and inclu4 sion efforts of the workforce of the elements of the 

5 intelligence community under this subsection. 

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

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

8 agency shall annually provide a report (which may be pro9 vided as part of an annual report required under another 

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

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

12 appropriate congressional committees that includes— 

13 (1) demographic data and information on the 

14 status of diversity and inclusion efforts of the na15 tional security agency; 

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

17 the percentage and level of positions for which data 

18 are collected, and a discussion of any resulting policy 

19 changes or recommendations; and 

20 (3) demographic data relating to participants in 

21 professional development programs of the national 

22 security agency and the rate of placement into sen23 ior positions for participants in such programs. 

24 (c) EXPAND THE COLLECTION AND ANALYSIS OF

25 VOLUNTARY APPLICANT FLOW DATA.— 


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

2 security agency shall develop a system to collect and 

3 analyze applicant flow data for as many positions 

4 within the national security agency as practicable, in 

5 order to identify areas for improvement in attracting 

6 diverse talent, with particular attention to senior 

7 and management positions. 

8 (2) PHASED IMPLEMENTATION.—The collection 

9 of applicant flow data may be implemented by the 

10 head of a national security agency in a phased ap11 proach commensurate with the resources available to 

12 the national security agency. 

13 (d) IDENTIFY ADDITIONAL CATEGORIES FOR VOL14 UNTARY DATA COLLECTION OF CURRENT EMPLOYEES.— 

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

16 security agency may submit to the Office of Manage17 ment and Budget and to the appropriate congres18 sional committees the recommendation of the head 

19 regarding whether the national security agency 

20 should voluntarily collect more detailed data on de21 mographic categories in addition to the race and eth22 nicity categories specified in the statistical policy di23 rective issued by the Office of Management and 

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1 lecting, and Presenting Federal Data on Race and 

2 Ethnicity’’. 

3 (2) PROCESS.—In making a recommendation 

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

5 agency shall— 

6 (A) engage in close consultation with inter7 nal stakeholders, such as employee resource or 

8 affinity groups; 

9 (B) ensure that there is clear communica10 tion with the workforce of the national security 

11 agency— 

12 (i) to explain the purpose of the po13 tential collection of such data; and 

14 (ii) regarding legal protections relat15 ing to any anticipated use of such data; 

16 and 

17 (C) ensure adherence to relevant standards 

18 and guidance issued by the Federal Govern19 ment. 

20 SEC. 6. PROFESSIONAL DEVELOPMENT OPPORTUNITIES 

21 AND TOOLS. 

22 (a) CONDUCT STAY AND EXIT INTERVIEWS OR SUR23 VEYS.— 

24 (1) RETAINED MEMBERS.—Each national secu25 rity agency shall conduct periodic interviews with a 


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1 representative cross-section of the members of the 

2 workforce of the national security agency to— 

3 (A) understand the reasons of the mem4 bers for remaining in a position in the national 

5 security agency; and 

6 (B) receive feedback on workplace policies, 

7 professional development opportunities, and 

8 other issues affecting the decision of the mem9 bers to remain. 

10 (2) DEPARTING MEMBERS.—Each national se11 curity agency shall provide an opportunity for an 

12 exit interview or survey to each member of the work13 force of the national security agency who separates 

14 from service with the national security agency, to 

15 understand better the reasons of the member for 

16 leaving. 

17 (3) USE OF ANALYSIS FROM INTERVIEWS AND

18 SURVEYS.—Each national security agency shall ana19 lyze and use information obtained through interviews 

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

21 to evaluate— 

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

23 differ by gender, race, national origin, sexual 

24 orientation, gender identity, disability status, 

25 and other demographic categories; and 


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1 (B) whether to implement any policy 

2 changes or make any recommendations as part 

3 of a report required under section 5. 

4 (b) EXPAND PROVISION OF PROFESSIONAL DEVEL5 OPMENT AND CAREER ADVANCEMENT OPPORTUNITIES.— 

6 (1) IN GENERAL.—Each national security agen7 cy is authorized to expand professional development 

8 opportunities that support the mission needs of the 

9 national security agency, such as— 

10 (A) academic programs; 

11 (B) private-public exchanges; and 

12 (C) detail assignments to relevant positions 

13 in— 

14 (i) private or international organiza15 tions; 

16 (ii) State, local, and tribal govern17 ments; 

18 (iii) other branches of the Federal 

19 Government; or 

20 (iv) professional schools of inter21 national affairs. 

22 (2) TRAINING FOR SENIOR POSITIONS.— 

23 (A) IN GENERAL.—Each national security 

24 agency shall offer, or sponsor members of the 

25 workforce of the national security agency to 


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1 participate in, a Senior Executive Service can2 didate development program or other program 

3 that trains members of the workforce of the na4 tional security agency on the skills required for 

5 appointment to senior positions in the national 

6 security agency. 

7 (B) REQUIREMENTS.—In determining 

8 which members of the workforce of the national 

9 security agency are granted professional devel10 opment or career advancement opportunities, a 

11 national security agency shall— 

12 (i) ensure any program offered or 

13 sponsored by the national security agency 

14 under subparagraph (A) comports with the 

15 requirements of subpart C of part 412 of 

16 title 5, Code of Federal Regulations, or 

17 any successor thereto, including merit 

18 staffing and assessment requirements; 

19 (ii) consider the number of expected 

20 vacancies in senior positions as a factor in 

21 determining the number of candidates to 

22 select for such programs; 

23 (iii) understand how participation in 

24 any program offered or sponsored by the 

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1 graph (A) differs by gender, race, national 

2 origin, sexual orientation, gender identity, 

3 disability status, and other demographic 

4 categories; and 

5 (iv) actively encourage participation 

6 from a range of demographic categories, 

7 especially from categories with consistently 

8 low participation. 

9 (3) TRACKING DATA.—Each national security 

10 agency shall— 

11 (A) track demographic data relating to 

12 participants in professional development pro13 grams and the rate of placement into senior po14 sitions for participants in such programs; and 

15 (B) evaluate such data on an annual basis 

16 to look for ways to improve outreach and re17 cruitment for such programs consistent with 

18 merit system principles. 

19 (c) ASSIGNMENT RESTRICTIONS.— 

20 (1) IN GENERAL.—Each national security agen21 cy that places assignment restrictions on members of 

22 the workforce of the national security agency or oth23 erwise prohibits certain geographic assignments due 

24 to a security determination shall ensure a review 

25 process exists for such a restriction or prohibition 


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

2 Federal Regulations (relating to adjudicative guide3 lines for determining eligibility for access to classi4 fied information), or any successor thereto, and any 

5 applicable counterintelligence considerations. 

6 (2) NOTICE.—Each national security agency 

7 shall ensure that members of the workforce of the 

8 national security agency affected by a restriction or 

9 prohibition described in paragraph (1) are informed 

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

11 so. 

12 SEC. 7. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. 

13 (a) REWARD AND RECOGNIZE EFFORTS TO PRO14 MOTE DIVERSITY AND INCLUSION.— 

15 (1) IN GENERAL.—Each national security agen16 cy shall implement performance and advancement 

17 requirements that reward and recognize the efforts 

18 of individuals in senior positions and supervisors in 

19 the national security agency in fostering an inclusive 

20 environment and cultivating talent consistent with 

21 merit system principles, such as through participa22 tion in mentoring programs or sponsorship initia23 tives, recruitment events, and other similar opportu24 nities. 


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1 (2) OUTREACH EVENTS.—Each national secu2 rity agency shall create opportunities for individuals 

3 in senior positions and supervisors in the national 

4 security agency to participate in outreach events and 

5 to discuss issues relating to diversity and inclusion 

6 with the workforce on a regular basis, including with 

7 employee resource groups. 

8 (b) COLLECT AND DISSEMINATE VOLUNTARY DEMO9 GRAPHIC DATA OF EXTERNAL ADVISORY COMMITTEES

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

11 external advisory committee or board to which individuals 

12 in senior positions in the national security agency appoint 

13 members is strongly encouraged by Congress to— 

14 (1) collect voluntary demographic data from the 

15 members of committee or board; and 

16 (2) ensure the external advisory committee or 

17 board is developed, reviewed, and carried out by 

18 teams that represent the diversity of the organiza19 tion. 

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

21 FLEXIBLE WORK POLICIES.— 

22 (1) IN GENERAL.—Each national security agen23 cy shall— 

24 (A) expand the provision of training on 

25 bias, including implicit or unconscious bias, 


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1 micro-inequities, inclusion, and flexible work 

2 policies to the workforce of the national security 

3 agency; and 

4 (B) make micro-inequities and bias train5 ing, including on implicit or unconscious bias, 

6 mandatory for— 

7 (i) individuals in senior positions in 

8 the national security agency; 

9 (ii) other individuals holding manage10 ment positions in the national security 

11 agency; and 

12 (iii) individuals in positions at the na13 tional security agency having responsibil14 ities relating to outreach, recruitment, hir15 ing, career development, promotion, or se16 curity clearance adjudication. 

17 (2) PHASED IMPLEMENTATION.—The provision 

18 of training required under paragraph (1) may be im19 plemented in a phased approach commensurate with 

20 the resources of the national security agency. 

21 (3) LOW INCLUSION SCORES.—Each national 

22 security agency shall make available training on im23 plicit or unconscious bias for members of the work24 force of a bureau, directorate, division, office, or 

25 other component of the national security agency the 


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1 inclusion scores of which, such as those measured by 

2 the New Inclusion Quotient index score, rank below 

3 the average for the national security agency for a 

4 period of 3 years or longer. 

5 (4) BEST PRACTICES.—Each national security 

6 agency shall give special attention to ensuring the 

7 continuous incorporation of research-based best 

8 practices in training provided under this subsection, 

9 including best practices relating to addressing the 

10 intersection between certain demographics and job 

11 positions. 

12 SEC. 8. RECRUITMENT. 

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

14 should— 

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

16 of applicants; 

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

18 human resources department or equivalent entity, 

19 with outreach at appropriate colleges, universities, 

20 and diversity organizations and professional associa21 tions; and 

22 (3) intensify, identify, and build relationships 

23 with qualified potential minority candidates. 

24 (b) SCOPE.—The diversity recruitment initiatives de25 scribed in subsection (a) should include— 


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1 (1) recruiting at historically black colleges and 

2 universities, Hispanic-serving institutions, women’s 

3 colleges, and colleges that typically serve majority 

4 minority populations; 

5 (2) sponsoring and recruiting at job fairs in 

6 urban communities; 

7 (3) placing job advertisements in newspapers, 

8 magazines, and job sites oriented toward diverse 

9 groups; 

10 (4) providing opportunities through highly re11 spected, international leadership programs, that 

12 focus on diversity recruitment and retention; and 

13 (5) cultivating partnerships with organizations 

14 dedicated to the advancement of the profession of 

15 international affairs and national security to advance 

16 shared diversity goals. 

17 SEC. 9. GENERAL PROVISIONS. 

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

19 shall be construed to impair or otherwise affect— 

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

21 department, agency, or the head thereof, or the sta22 tus of that executive department or agency within 

23 the Federal Government; or 


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

2 of Management and Budget relating to budgetary, 

3 administrative, or legislative proposals. 

4 (b) IMPLEMENTATION.—This Act shall be imple5 mented consistent with applicable law. 

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

7 intended to, and does not, create any right or benefit, sub8 stantive or procedural, enforceable at law or in equity by 

9 any party against the United States, its departments, 

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

11 any other person. 

Æ 


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