[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2979 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2979
To improve diversity and inclusion in the workforce of national
security agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2019
Mr. Connolly (for himself, Mr. Meeks, Mr. Hastings, and Ms. Bass)
introduced the following bill; which was referred to the Committee on
Foreign Affairs, and in addition to the Committees on Armed Services,
Intelligence (Permanent Select), the Judiciary, Homeland Security,
Agriculture, and Financial Services, 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 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) 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.
(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 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 represented 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 positions 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.
(10) With regard to gender diversity, of the individuals in
senior positions in the civil service or the Foreign Service at
the Department of State 39 percent and 31 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, 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 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.''.
(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 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''.
(13) 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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