[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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