I 
115TH CONGRESS 
2D SESSION 
H. R. 5195 
To improve diversity and inclusion in the workforce of national security 
agencies, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 7, 2018 
Ms. ROS-LEHTINEN (for herself and Mr. CONNOLLY) introduced the following 
bill; which was referred to the Committee on Foreign Affairs, and in ad-
dition to the Committees on Armed Services, Intelligence (Permanent Se-
lect), the Judiciary, Homeland Security, Agriculture, and Financial Serv-
ices, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Security Di-
versity and Inclusion Workforce Act of 2018’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(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 ex-
periences of the population of the United States to-
ward keeping the United States safe and strong. 
(3) The 2015 National Security Strategy recog-
nized 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) In March 2011, the Military Leadership Di-
versity Commission demonstrated that minorities 
and women are still underrepresented among the top 
leadership of the Armed Forces, as compared with 
the members they lead. 
(5) Although African Americans, Latinos or 
Hispanics, Native Americans, and Asians represent 
34 percent of the workforce of the United States, in 
2016, only 10 and 13 percent, respectively, of the 
senior positions in the civil service and the Foreign 
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Service at the Department of State were occupied by 
members of these groups. 
(6) As of 2015, African Americans, Latinos or 
Hispanics, Native Americans, and Asians rep-
resented only 22 percent of the officer corps of the 
Armed Forces, far less than the enlisted forces they 
lead, 40 percent of the members of which are from 
these groups. 
(7) In the intelligence community, African 
Americans, Latinos or Hispanics, Native Americans, 
and Asians represented 24 percent of the employees, 
but only 11 percent of the senior positions. 
(8) 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 percent and 4 percent, respectively, as compared 
to the general population of the United States, 
which is 17 percent Latino or Hispanic. 
(9) Latinos or Hispanics represented only a 
fraction of the senior positions at the Department of 
State, 3 percent and 5 percent, respectively, for posi-
tions in the civil service and Foreign Service, only 1 
percent for the officer corps of the Armed Forces, 
and 3 percent for senior positions in the intelligence 
community. 
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(10) With regard to gender diversity, of the in-
dividuals in senior positions in the civil service or the 
Foreign Service at the Department of State 39 per-
cent and 31 percent are female, respectively. For the 
Department of Defense, 24 percent of the individ-
uals 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 mem-
bers of the Armed Forces are females. Of the indi-
viduals in senior positions in the intelligence commu-
nity, 29 percent are female, compared to the overall 
Federal workforce, which is 33.7 percent female. 
(11) In concert with the findings of the Military 
Leadership Diversity Commission, the amendments 
made by section 519 of the National Defense Au-
thorization 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 re-
serve 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, 
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including gender specific, racial, and ethnic popu-
lations.’’. 
(12) 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 per-
sonnel ‘‘are sufficiently diverse for purposes of the 
collection and analysis of intelligence through the re-
cruitment and training of women, minorities, and in-
dividuals with diverse ethnic, cultural, and linguistic 
backgrounds’’. 
(13) The Department of State Authorities Act, 
Fiscal Year 2017 (Public Law 114–323), urges the 
State Department to promote a diverse representa-
tion 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 ad-
vancement 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 ad-
vance the interests of the United States abroad, na-
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tional security agencies of the Federal Government 
must have a workforce that reflects the rich com-
position and talent of its citizenry; 
(2) the skills, knowledge, perspectives, ideas, 
and experiences of all of the members of the work-
force of national security agencies contribute to the 
vitality and success of their national security mis-
sion; 
(3) promoting diversity and inclusion within the 
national security workforce must be a joint effort 
and requires engagement by senior leadership, man-
agers, and the entire workforce, as well as effective 
collaboration among those responsible for human re-
sources, equal employment opportunity, and diver-
sity 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 ‘‘appli-
cant flow data’’ means data that tracks the rate of 
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applications for job positions among demographic 
categories. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Relations, 
the Committee on Armed Services, the Com-
mittee on Homeland Security and Govern-
mental Affairs, the Select Committee on Intel-
ligence, 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 Representa-
tives. 
(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 demo-
graphic categories. 
(4) FOREIGN
SERVICE.—The term ‘‘Foreign 
Service’’ has the meaning given that term in section 
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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 Inter-
national Development; 
(C) the Department of Defense; 
(D) the Armed Forces; 
(E) each element of the intelligence com-
munity; 
(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 Secu-
rity; 
(I) the Foreign Agricultural Service of the 
Department of Agriculture; and 
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(J) any other Federal agency that is pri-
marily engaged in diplomacy, development, de-
fense, intelligence, law enforcement, or home-
land 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 sec-
tion 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 appro-
priate congressional committees, and the workforce 
of the national security agency a report which in-
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cludes aggregate demographic data and other infor-
mation 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 inclu-
sion 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 Inclu-
sion Quotient index score; and 
(iv) that provides demographic com-
parisons 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 
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positions for which data are collected, and a 
discussion of any resulting policy changes or 
recommendations; 
(D) shall include demographic data relat-
ing 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 na-
tional 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 inclu-
sion 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 pro-
vided as part of an annual report required under another 
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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 na-
tional 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 sen-
ior 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 
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head of a national security agency in a phased ap-
proach commensurate with the resources available to 
the national security agency. 
(d) IDENTIFY ADDITIONAL CATEGORIES FOR VOL-
UNTARY DATA COLLECTION OF CURRENT EMPLOYEES.— 
(1) IN GENERAL.—The head of each national 
security agency may submit to the Office of Manage-
ment and Budget and to the appropriate congres-
sional committees the recommendation of the head 
regarding whether the national security agency 
should voluntarily collect more detailed data on de-
mographic categories in addition to the race and eth-
nicity categories specified in the statistical policy di-
rective issued by the Office of Management and 
Budget entitled ‘‘Standards for Maintaining, Col-
lecting, 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 inter-
nal stakeholders, such as employee resource or 
affinity groups; 
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(B) ensure that there is clear communica-
tion with the workforce of the national security 
agency— 
(i) to explain the purpose of the po-
tential collection of such data; and 
(ii) regarding legal protections relat-
ing to any anticipated use of such data; 
and 
(C) ensure adherence to relevant standards 
and guidance issued by the Federal Govern-
ment. 
SEC. 6. PROFESSIONAL DEVELOPMENT OPPORTUNITIES 
AND TOOLS. 
(a) CONDUCT STAY AND EXIT INTERVIEWS OR SUR-
VEYS.— 
(1) RETAINED MEMBERS.—Each national secu-
rity 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 mem-
bers for remaining in a position in the national 
security agency; and 
(B) receive feedback on workplace policies, 
professional development opportunities, and 
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other issues affecting the decision of the mem-
bers to remain. 
(2) DEPARTING MEMBERS.—Each national se-
curity agency shall provide an opportunity for an 
exit interview or survey to each member of the work-
force 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 ana-
lyze 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 DEVEL-
OPMENT AND CAREER ADVANCEMENT OPPORTUNITIES.— 
(1) IN GENERAL.—Each national security agen-
cy is authorized to expand professional development 
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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 organiza-
tions; 
(ii) State, local, and tribal govern-
ments; 
(iii) other branches of the Federal 
Government; or 
(iv) professional schools of inter-
national 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 can-
didate development program or other program 
that trains members of the workforce of the na-
tional security agency on the skills required for 
appointment to senior positions in the national 
security agency. 
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(B) 
REQUIREMENTS.—In 
determining 
which members of the workforce of the national 
security agency are granted professional devel-
opment 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 subpara-
graph (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, 
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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 pro-
grams and the rate of placement into senior po-
sitions for participants in such programs; and 
(B) evaluate such data on an annual basis 
to look for ways to improve outreach and re-
cruitment for such programs consistent with 
merit system principles. 
(c) ASSIGNMENT RESTRICTIONS.— 
(1) IN GENERAL.—Each national security agen-
cy that places assignment restrictions on members of 
the workforce of the national security agency or oth-
erwise 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 guide-
lines for determining eligibility for access to classi-
fied information), or any successor thereto, and any 
applicable counterintelligence considerations. 
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(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 PRO-
MOTE DIVERSITY AND INCLUSION.— 
(1) IN GENERAL.—Each national security agen-
cy 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 participa-
tion in mentoring programs or sponsorship initia-
tives, recruitment events, and other similar opportu-
nities. 
(2) OUTREACH EVENTS.—Each national secu-
rity 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 
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with the workforce on a regular basis, including with 
employee resource groups. 
(b) COLLECT AND DISSEMINATE VOLUNTARY DEMO-
GRAPHIC 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 organiza-
tion. 
(c) EXPAND TRAINING ON BIAS, INCLUSION, AND 
FLEXIBLE WORK POLICIES.— 
(1) IN GENERAL.—Each national security agen-
cy 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 
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(B) make micro-inequities and bias train-
ing, including on implicit or unconscious bias, 
mandatory for— 
(i) individuals in senior positions in 
the national security agency; 
(ii) other individuals holding manage-
ment positions in the national security 
agency; and 
(iii) individuals in positions at the na-
tional security agency having responsibil-
ities relating to outreach, recruitment, hir-
ing, career development, promotion, or se-
curity clearance adjudication. 
(2) PHASED IMPLEMENTATION.—The provision 
of training required under paragraph (1) may be im-
plemented 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 im-
plicit or unconscious bias for members of the work-
force 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 
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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 associa-
tions; and 
(3) intensify, identify, and build relationships 
with qualified potential minority candidates. 
(b) SCOPE.—The diversity recruitment initiatives de-
scribed in subsection (a) should include— 
(1) recruiting at historically Black colleges and 
universities, Hispanic-serving institutions, women’s 
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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 re-
spected, 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 sta-
tus 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. 
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(b) IMPLEMENTATION.—This Act shall be imple-
mented consistent with applicable law. 
(c) NO PRIVATE RIGHT OF ACTION.—This Act is not 
intended to, and does not, create any right or benefit, sub-
stantive 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. 
Æ 
VerDate Sep 11 2014 
00:18 Mar 14, 2018
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6301
E:\BILLS\H5195.IH
H5195
lotter on DSKBCFDHB2PROD with BILLS