Title: Diversity and Inclusion at the Department of State Act
Policy area: International Affairs

Summary:
Diversity and Inclusion at the Department of State Act
This bill establishes a new position and requires other activities to promote diversity and inclusion in the Department of State.
The bill creates the presidentially-appointed position of Chief Diversity and Inclusion Officer in the Office of the Deputy Secretary of State to, among other activities, develop a strategic plan to guide implementation of diversity and inclusion efforts and support State Department personnel from traditionally underrepresented groups. The officer reports directly to the Secretary of State.
Additionally, the State Department must establish a Diversity and Inclusion Leadership Council to coordinate applicable strategic plans, initiatives, and policies.
The bill also modifies merit selection processes for promotions, performance pay, and related matters to promote diversity and inclusion in the Foreign Service. Specifically, it adds factors (e.g., testimony from peers and subordinates or demonstrated support for diversity and inclusion) that may be considered in recommendations and rankings related to a Foreign Service officer's performance.
The State Department must also establish a mentorship program for entry- and mid-level members of the Foreign Service and periodically offer a Senior Executive Service development program to members of the civil service in the top two pay grades. Senior Executive Service members serve as high-level managers within federal agencies.
The bill requires the State Department to report on its diversity and inclusion efforts, as well as demographic information about members of boards that make personnel decisions and candidates for the Senior Executive Service.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4589 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4589

    To amend the State Department Basic Authorities Act of 1956 to 
 establish in the Department of State a Chief Diversity and Inclusion 
   Officer and the Foreign Service Act of 1980 to promote increased 
diversity and inclusion in the Foreign Service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2021

Mr. Castro of Texas (for himself, Mrs. Torres of California, Ms. Bass, 
 Ms. Chu, Ms. Titus, Ms. Escobar, Mr. Carson, Mr. Sires, Mr. Garcia of 
    Illinois, Mr. Cohen, Mr. Espaillat, Mr. Huffman, Mr. Lieu, Mr. 
Connolly, Mr. Pocan, Mr. Kim of New Jersey, Mr. Johnson of Georgia, Ms. 
     Jacobs of California, Mr. Case, Mr. Khanna, Mr. McGovern, Mr. 
  Cicilline, Ms. Lee of California, Mr. Torres of New York, and Mrs. 
    Hayes) introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend the State Department Basic Authorities Act of 1956 to 
 establish in the Department of State a Chief Diversity and Inclusion 
   Officer and the Foreign Service Act of 1980 to promote increased 
diversity and inclusion in the Foreign Service, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Diversity and 
Inclusion at the Department of State Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition.
             TITLE I--CHIEF DIVERSITY AND INCLUSION OFFICER

Sec. 101. Chief Diversity and Inclusion Officer.
  TITLE II--DIVERSITY IN THE FOREIGN SERVICE AND AT THE DEPARTMENT OF 
                                 STATE

Sec. 201. Representation on Board of Examiners for the purposes of 
                            recruitment into the Foreign Service.
Sec. 202. Promotion in the Foreign Service.
Sec. 203. Mentorship program.
Sec. 204. Senior Executive Service candidate development program.
Sec. 205. Diversity defined in the Foreign Service Act of 1980.

SEC. 2. DEFINITION.

    In this Act, the term ``diversity'' means those classes of persons 
protected under the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) 
and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.).

             TITLE I--CHIEF DIVERSITY AND INCLUSION OFFICER

SEC. 101. CHIEF DIVERSITY AND INCLUSION OFFICER.

    (a) Establishment.--Section 1 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the 
end the following new subsections:
    ``(i) Chief Diversity and Inclusion Officer.--
            ``(1) In general.--There is established in the Department 
        of State, in the office of the Deputy Secretary of State, a 
        Chief Diversity and Inclusion Officer, who shall--
                    ``(A) be appointed by the President;
                    ``(B) serve as the principal advisor to the 
                Secretary of State on issues related to diversity and 
                inclusion at the Department of State; and
                    ``(C) report directly to the Secretary of State.
            ``(2) Duties.--The Chief Diversity and Inclusion Officer 
        shall be responsible for the following:
                    ``(A) Developing, implementing, and updating a 
                diversity and inclusion strategic plan of the 
                Department of State to eliminate barriers to the 
                recruitment, promotion, and retention of traditionally 
                underrepresented groups and to promote the 
                implementation of diversity and inclusion practices and 
                policies throughout the Department.
                    ``(B) Establishing criteria and goals for 
                individual offices and bureaus regarding assignments of 
                personnel, in coordination with the Director General of 
                the Foreign Service, to promote diversity and inclusion 
                at the Department of State, and conducting annual 
                reviews of individual bureaus on their actions taken to 
                satisfy such criteria and goals.
                    ``(C) Serving as a permanent member of any 
                departmental committees responsible for the selection 
                of chiefs of mission and deputy chiefs of mission.
                    ``(D) Serving as the Executive Secretary for the 
                Diversity and Inclusion Leadership Council established 
                in subsection (i).
                    ``(E) Reviewing the implementation and 
                effectiveness of the Department of State's 
                accountability mechanisms in eliminating discrimination 
                and harassment.
                    ``(F) Promoting mentorship and sponsorship for 
                members belonging to traditionally underrepresented 
                groups who are working for the Department of State.
                    ``(G) Collaborating with appropriate counterparts 
                from other Federal departments and agencies and the 
                private sector, to share best practices and lessons 
                learned with respect to promoting diversity and 
                inclusion.
            ``(3) Rank and status.--The Chief Diversity and Inclusion 
        Officer shall be rank equivalent to an Assistant Secretary of 
        State.
            ``(4) Bureau senior advisors.--The Secretary of State shall 
        appoint in each bureau of the Department of State a Senior 
        Advisor with respect to matters relating to diversity and 
        inclusion, to--
                    ``(A) serve as the principal advisor for such 
                bureau and report directly to the Principal Deputy 
                Assistant Secretary; and
                    ``(B) coordinate with the Chief Diversity and 
                Inclusion Officer the activities of such bureau.
            ``(5) Authority to collect information.--To carry out the 
        duties described in paragraph (2), the Chief Diversity and 
        Inclusion Officer is authorized to--
                    ``(A) collect and share with Department of State 
                leadership, the Committee on Foreign Affairs of the 
                House of Representatives, the Committee on Foreign 
                Relations of the Senate, and Federal departments and 
                agencies, and, as appropriate, with Employee Affinity 
                Groups, foreign affairs professional associations, and 
                other organizations non-personally identifiable 
                information on diversity in recruiting, hiring, 
                assignments, promotions, attrition, and security 
                clearances, including assignment restrictions, within 
                the Department, including data disaggregated by race, 
                ethnicity, national origin, and gender, and by office 
                and bureau; and
                    ``(B) appoint subject matter experts in accordance 
                with the Intergovernmental Personnel Act of 1970 (42 
                U.S.C. 4701 et seq.) to analyze data, draft reports, 
                and perform other tasks as directed by the Chief 
                Diversity and Inclusion Officer.
            ``(6) Reporting.--Not later than January 30 of every year, 
        the Secretary of State shall submit to the Committee on Foreign 
        Affairs of the House of Representatives and the Committee on 
        Foreign Relations of the Senate a report--
                    ``(A) detailing the criteria and goals for 
                individual offices and bureaus of the Department of 
                State with respect to diversity and inclusion;
                    ``(B) assessments by the Chief Diversity and 
                Inclusion Officer on the performance over the previous 
                year of each such office and bureau to satisfy such 
                criteria and goals; and
                    ``(C) containing any other relevant information.
            ``(7) Definition.--In this subsection and subsection (j) 
        (relating to the Diversity and Inclusion Leadership Council), 
        the term `diversity' means those classes of persons protected 
        under the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) 
        and the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
    ``(j) Diversity and Inclusion Leadership Council.--
            ``(1) Establishment.--The Secretary of State shall 
        establish a Diversity and Inclusion Leadership Council to 
        coordinate the implementation of the Department of State's 
        diversity and inclusion strategic plans, initiatives, and 
        policies.
            ``(2) Chair.--The Diversity and Inclusion Leadership 
        Council shall be chaired by the Secretary of State. In the 
        Secretary's absence, the Chief Diversity and Inclusion Officer 
        shall perform the duties of the chair.
            ``(3) Composition.--The Diversity and Inclusion Leadership 
        Council shall include the following:
                    ``(A) The Secretary of State.
                    ``(B) The Chief Diversity and Inclusion Officer.
                    ``(C) The Director General of Global Talent 
                Management.
                    ``(D) One individual from each Bureau, at the rank 
                of Deputy Assistant Secretary of State or above.
                    ``(E) Any other individual determined appropriate 
                by the Secretary of State.
            ``(4) Term.--Members of the Diversity and Inclusion 
        Leadership Council shall be appointed in accordance with this 
        subsection for a period of time as determined by the Secretary 
        of State.''.
    (b) Transition.--The individual serving as Chief Diversity and 
Inclusion Officer of the Department of State may continue to serve in 
such position until such time as the appointment of the Chief Diversity 
and Inclusion Officer of the Department in accordance with subsection 
(i) of section 1 of the State Department Basic Authorities Act of 1956, 
as added by subsection (a).
    (c) Sense of Congress.--It is the sense of Congress that the Chief 
Diversity and Inclusion Officer of the Department of State established 
pursuant to subsection (i) of the State Department Basic Authorities 
Act of 1956, as added by subsection (a), should be provided sufficient 
office space and support staff to ensure successful operation.

  TITLE II--DIVERSITY IN THE FOREIGN SERVICE AND AT THE DEPARTMENT OF 
                                 STATE

SEC. 201. REPRESENTATION ON BOARD OF EXAMINERS FOR THE PURPOSES OF 
              RECRUITMENT INTO THE FOREIGN SERVICE.

    It is the sense of Congress that the Department of State Board of 
Examiners should reflect the diversity of the United States to 
facilitate the entry into the Foreign Service of individuals who 
satisfy the rigorous requirements of the Service and reflect the 
diversity of the American people.

SEC. 202. PROMOTION IN THE FOREIGN SERVICE.

    The Foreign Service Act of 1980 is amended--
            (1) in section 602 (22 U.S.C. 4002), by adding at the end 
        the following new subsection:
    ``(d) Not later than January 31 of each year, the Secretary of 
State shall submit to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
report that--
            ``(1) details the demographic composition of selection 
        boards under this section and the Board of Examiners for the 
        Foreign Service under section 211 convened in the previous 
        year;
            ``(2) may include information on the diversity of the 
        members of such boards; and
            ``(3) includes any other information the Secretary 
        determines relevant.''; and
            (2) in section 603 (22 U.S.C. 4003)--
                    (A) in subsection (a), in the second sentence, by 
                inserting ``testimony from peers and subordinates,'' 
                after ``supervisors,''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by striking ``, or'' 
                        and inserting ``; or'';
                            (ii) by redesignating paragraphs (1) and 
                        (2) as paragraphs (3) and (4), respectively; 
                        and
                            (iii) by inserting before paragraph (3), as 
                        so redesignated, the following new paragraphs:
            ``(1) a record of supporting the recruitment and career 
        development goals of members of the Foreign Service, such as 
        serving as a mentor in mentorship program under section 709, 
        participation in recruitment activities, or serving on the 
        Board of Examiners or on selection boards;
            ``(2) a record of promoting and supporting diversity and 
        inclusion at the Department of State, including in management 
        practices;''.

SEC. 203. MENTORSHIP PROGRAM.

    (a) In General.--The Foreign Service Act of 1980 is amended by 
inserting after section 708 (22 U.S.C. 4028) the following new 
sections:

``SEC. 709. MENTORSHIP PROGRAM.

    ``(a) The Secretary of State shall establish in the Department of 
State a mentorship program to match interested participants who are--
            ``(1) entry-level members of the Foreign Service; and
            ``(2) mid-level members of the Foreign Service.
    ``(b) Individuals participating in the mentorship program under 
this section should participate for a minimum of two years.
    ``(c) The mentorship program established under this section may 
include members of Employee Affinity Groups as mentors, in addition to 
other individuals selected by the Secretary of State.
    ``(d) Service as a mentor in the mentorship program may be 
considered as satisfying the criteria described in section 
603(b)(1).''.
    (b) Clerical Amendment.--The table of contents in section 2 of the 
Foreign Service Act is amended by inserting after the item relating to 
section 707 the following new items:

``Sec. 708. Training for Foreign Service officers.
``Sec. 709. Mentorship program.''.
    (c) Mentorship Program for Civil Service.--
            (1) In general.--The Secretary of State shall establish a 
        mentorship program to match mentors with interested 
        participants who are--
                    (A) members of the civil service at the GS-12 level 
                and below; and
                    (B) members of the civil service from at the GS-13 
                level to the GS-15 level.
            (2) Duration.--Individuals participating in the civil 
        service mentorship program under paragraph (1) should 
        participate for a minimum of two years.
            (3) Inclusion of employee affinity groups.--Members of 
        Employee Affinity Groups and other individuals selected by the 
        Secretary of State may serve as mentors in the civil service 
        mentorship program under paragraph (1).

SEC. 204. SENIOR EXECUTIVE SERVICE CANDIDATE DEVELOPMENT PROGRAM.

    (a) In General.--The Secretary of State shall offer the Senior 
Executive Service Candidate Development Program every three years to 
members of the civil service at the Department of State at the GS-14 
and GS-15 levels.
    (b) Report.--The Secretary of State shall submit to the Committee 
on Foreign Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate, at the same time as each report 
required under section 313 of the Foreign Service Act of 1980, as added 
by section 2(a)(2), a report detailing disaggregated demographic 
information of candidates referred by each bureau of the Department of 
State to interview for the Senior Executive Service, including 
demographic information, disaggregated by bureau, relating to the 
diversity of such candidates.

SEC. 205. DIVERSITY DEFINED IN THE FOREIGN SERVICE ACT OF 1980.

    Section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902) is 
amended by--
            (1) redesignating paragraphs (5) through (12) as paragraphs 
        (6) through (13), respectively; and
            (2) inserting after paragraph (4) the following new 
        paragraph:
            ``(5) `diversity' has the meaning given such term in 
        subsection (i) of section 1 of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2651a);''.
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