,,ii #aafth ,,congress #ast ,session ,s4 #dig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ad1 #bjai,mr4 ,cardin 7for himself1 ,mr4 ,booker1 ,mr4 ,coons1 ,mr4 ,schatz1 ,mrs4 ,shaheen1 and ,mr4 ,reed7 introduced the following bill2 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 agencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,security ,diversity and ,inclusion ,workforce ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,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 workforce4 7#b7 ,the ,united ,states has made important progress toward harnessing the extraordinary range of backgrounds1 cultures1 perspectives1 skills1 and experiences of the population of the ,united ,states toward keeping the ,united ,states safe and strong4 7#c7 ,the #bjae ,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 stage4 7#d7 ,secretary of ,state ,mike ,pompeo remarked at his nomination hearing before the ,committee on ,foreign ,relations of the ,senate in ,april #bjah that he deeply believed the workforce of the ,department of ,state must be diverse in every sense of the word4 7#e7 ,in ,march #bjaa1 the ,military ,leadership ,diversity ,commission demonstrated that minorities and women are still underrepresented among the top leadership of the ,armed ,forces1 as compared with the members they lead4 7#f7 ,although ,african ,americans1 ,native ,americans 7including ,native ,hawaiians71 and ,asians represent #ba percent of the workforce of the ,department of ,state1 in #bjah1 only #h percent and #g percent of the senior positions in the civil service and the ,foreign ,service at the ,department of ,state1 respectively1 were occupied by members of these groups4 7#g7 ,although ,latinos or ,hispanics1 represent #g percent of the workforce of the ,department of ,state1 in #bjah1 only #e percent of the senior positions in the civil service and the ,foreign ,service at the ,department of ,state were occupied by members of these groups4 7#h7 ,as of #bjah1 ,african ,americans1 ,asians1 and other racial minorities 7including ,native ,hawaiians and other ,pacific ,islanders1 ,american ,indians1 and ,alaska ,natives7 represented #cc percent of the active duty enlisted members of the ,armed ,forces but only #bc percent of the officer corps of the ,armed ,forces1 while members of the ,armed ,forces of ,hispanic origin represented #ah percent of the enlisted force but only #h percent of the officer corps4 7#i7 ,in the intelligence community1 ,african ,americans1 ,latinos or ,hispanics1 ,native ,americans1 and ,asians1 along with other minority groups1 represented #be percent of the employees1 but only #ac percent of the senior positions4 7#aj7 ,the percentages of ,latinos or ,hispanics as part of the overall ,federal workforce and in senior positions in the ,federal workforce are even lower1 at #h4f percent and #d4f percent1 respectively1 as compared to the general population of the ,united ,states1 which is #ag percent ,latino or ,hispanic4 7#aa7 ,with regard to gender diversity1 of the individuals in senior positions in the civil service or the ,foreign ,service at the ,department of ,state #dj percent and #cb percent are female1 respectively4 ,for the ,department of ,defense1 #bd percent of the individuals in senior civilian positions are female1 of the senior grades of the ,armed ,forces1 #h percent of the officers are female1 and #ab percent of enlisted members of the ,armed ,forces are females4 ,of the individuals in senior positions in the intelligence community1 #cj percent are female1 compared to the overall ,federal workforce1 which is #db percent female4 7#ab7 ,in concert with the findings of the ,military ,leadership ,diversity ,commission1 the amendments made by section #eai of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bci2 #abf ,stat4 #agba7 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 dynamic1 sustainable level of members of the armed forces 7including reserve components7 that1 among both commissioned officers and senior enlisted personnel of each armed force1 will reflect the diverse population of the ,united ,states eligible to serve in the armed forces1 including gender specific1 racial1 and ethnic populations44 7#ac7 ,the amendments made by section #ajaa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh2 #aah ,stat4 #cfdc7 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 women1 minorities1 and individuals with diverse ethnic1 cultural1 and linguistic backgrounds4 7#ad7 ,the ,department of ,state ,authorities ,act1 ,fiscal ,year #bjag 7,public ,law #aad-cbc71 urges the ,state ,department to promote a diverse representation among mid- and senior-level career professionals and section #aja of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cija7 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 society4 #c4 ,statement of policy ,it is the policy of the ,united ,states that-- 7#a7 in order to protect the homeland and advance the interests of the ,united ,states abroad1 national security agencies of the ,federal ,government must have a workforce that reflects the rich composition and talent of its citizenry2 7#b7 the skills1 knowledge1 perspectives1 ideas1 and experiences of all of the members of the workforce of national security agencies contribute to the vitality and success of their national security mission2 7#c7 promoting diversity and inclusion within the national security workforce must be a joint effort and requires engagement by senior leadership1 managers1 and the entire workforce1 as well as effective collaboration among those responsible for human resources1 equal employment opportunity1 and diversity and inclusion issues2 and 7#d7 as the ,united ,states becomes more diverse and the challenges it faces more complex1 the ,united ,states must continue to invest in policies to recruit1 retain1 and develop the best and brightest from all segments of the population of the ,united ,states4 #d4 ,definitions ,in this ,act3 7#a7 ,applicant flow data ,the term applicant flow data means data that tracks the rate of applications for job positions among demographic categories4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,select ,committee on ,intelligence1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 the ,committee on ,homeland ,security1 the ,permanent ,select ,committee on ,intelligence1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#c7 ,diversity ,the term diversity means diversity of persons based on gender1 race1 ethnicity1 disability status1 veteran status1 sexual orientation1 gender identity1 national origin1 and other demographic categories4 7#d7 ,foreign ,service ,the term ,foreign ,service has the meaning given that term in section #ajb of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cijb74 7#e7 ,intelligence community ,the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#f7 ,national security agency ,the term national security agency means-- 7,a7 the ,department of ,state2 7,b7 the ,united ,states ,agency for ,international ,development2 7,c7 the ,department of ,defense2 7,d7 the ,armed ,forces2 7,e7 each element of the intelligence community2 7,f7 the ,office of ,international ,affairs and the ,office of ,critical ,infrastructure ,protection of the ,department of the ,treasury2 7,g7 the ,national ,security ,division of the ,department of ,justice and the ,federal ,bureau of ,investigation2 7,h7 the ,department of ,homeland ,security2 7,i7 the ,foreign ,agricultural ,service of the ,department of ,agriculture2 and 7,j7 any other ,federal agency that is primarily engaged in diplomacy1 development1 defense1 intelligence1 law enforcement1 or homeland security4 7#g7 ,member of the ,foreign ,service ,the term member of the ,foreign ,service means a member of the ,foreign ,service described in section #ajc of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cijc74 7#h7 ,workforce ,the term workforce means an individual serving in a position-- 7,a7 in the civil service 7as defined in section #baja of title #e1 ,united ,states ,code72 7,b7 as a member of the ,foreign ,service2 or 7,c7 as an officer or enlisted member of an armed force4 #e4 ,collection1 analysis1 and dissemination of workforce data 7a7 ,initial reporting 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 and subject to paragraph 7#c71 the head of each national security agency shall make available to the public1 the appropriate congressional committees1 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 agency4 7#b7 ,contents ,a report made available under paragraph 7#a7-- 7,a7 shall include unclassified reports and barrier analyses relating to diversity and inclusion efforts2 7,b7 shall include aggregate demographic data-- 7i7 by segment of the workforce of the national security agency and grade or rank2 7ii7 relating to attrition and promotion rates2 7iii7 that addresses the compliance of the national security agency with validated inclusion metrics1 such as the ,new ,inclusion ,quotient index score2 and 7iv7 that provides demographic comparisons to the relevant nongovernmental labor force and the relevant civilian labor force2 7,c7 shall include an analysis of applicant flow data1 including the percentage and level of positions for which data are collected1 and a discussion of any resulting policy changes or recommendations2 7,d7 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 programs2 7,e7 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 members2 and 7,f7 may include data in proportions or percentages to account for concerns relating to the protection of classified information4 7#c7 ,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 subsection4 7b7 ,updates ,after making available a report under subsection 7a71 the head of each national security agency shall annually provide a report 7which may be provided as part of an annual report required under another provision of law7 to the workforce of the national security agency 7including senior leadership71 the public1 and the appropriate congressional committees that includes-- 7#a7 demographic data and information on the status of diversity and inclusion efforts of the national security agency2 7#b7 an analysis of applicant flow data1 including the percentage and level of positions for which data are collected1 and a discussion of any resulting policy changes or recommendations2 and 7#c7 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 programs4 7c7 ,expand the collection and analysis of voluntary applicant flow data 7#a7 ,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 practicable1 in order to identify areas for improvement in attracting diverse talent1 with particular attention to senior and management positions4 7#b7 ,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 agency4 7d7 ,identify additional categories for voluntary data collection of current employees 7#a7 ,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 ,maintaining1 ,collecting1 and ,presenting ,federal ,data on ,race and ,ethnicity4 7#b7 ,process ,in making a recommendation under paragraph 7#a71 the head of a national security agency shall-- 7,a7 engage in close consultation with internal stakeholders1 such as employee resource or affinity groups2 7,b7 ensure that there is clear communication with the workforce of the national security agency-- 7i7 to explain the purpose of the potential collection of such data2 and 7ii7 regarding legal protections relating to any anticipated use of such data2 and 7,c7 ensure adherence to relevant standards and guidance issued by the ,federal ,government4 #f4 ,professional development opportunities and tools 7a7 ,conduct stay and exit interviews or surveys 7#a7 ,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-- 7,a7 understand the reasons of the members for remaining in a position in the national security agency2 and 7,b7 receive feedback on workplace policies1 professional development opportunities1 and other issues affecting the decision of the members to remain4 7#b7 ,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 agency1 to understand better the reasons of the member for leaving4 7#c7 ,use of analysis from interviews and surveys ,each national security agency shall analyze and use information obtained through interviews and surveys under paragraphs 7#a7 and 7#b71 including to evaluate-- 7,a7 if and how the results of the interviews differ by gender1 race1 national origin1 sexual orientation1 gender identity1 disability status1 and other demographic categories2 and 7,b7 whether to implement any policy changes or make any recommendations as part of a report required under section #e4 7b7 ,expand provision of professional development and career advancement opportunities 7#a7 ,in general ,each national security agency is authorized to expand professional development opportunities that support the mission needs of the national security agency1 such as-- 7,a7 academic programs2 7,b7 private-public exchanges2 and 7,c7 detail assignments to relevant positions in-- 7i7 private or international organizations2 7ii7 ,state1 local1 and tribal governments2 7iii7 other branches of the ,federal ,government2 or 7iv7 professional schools of international affairs4 7#b7 ,training for senior positions 7,a7 ,in general ,each national security agency shall offer1 or sponsor members of the workforce of the national security agency to participate in1 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 agency4 7,b7 ,requirements ,in determining which members of the workforce of the national security agency are granted professional development or career advancement opportunities1 a national security agency shall-- 7i7 ensure any program offered or sponsored by the national security agency under subparagraph 7,a7 comports with the requirements of subpart ,c of part #dab of title #e1 ,code of ,federal ,regulations1 or any successor thereto1 including merit staffing and assessment requirements2 7ii7 consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs2 7iii7 understand how participation in any program offered or sponsored by the national security agency under subparagraph 7,a7 differs by gender1 race1 national origin1 sexual orientation1 gender identity1 disability status1 and other demographic categories2 and 7iv7 actively encourage participation from a range of demographic categories1 especially from categories with consistently low participation4 7#c7 ,tracking data ,each national security agency shall-- 7,a7 track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs2 and 7,b7 evaluate such data on an annual basis to look for ways to improve outreach and recruitment for such programs consistent with merit system principles4 7c7 ,assignment restrictions 7#a7 ,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 #adg of title #cb1 ,code of ,federal ,regulations 7relating to adjudicative guidelines for determining eligibility for access to classified information71 or any successor thereto1 and any applicable counterintelligence considerations4 7#b7 ,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 7#a7 are informed of the right to seek review and the process for doing so4 #g4 ,leadership engagement and accountability 7a7 ,reward and recognize efforts ,to promote diversity and inclusion 7#a7 ,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 principles1 such as through participation in mentoring programs or sponsorship initiatives1 recruitment events1 and other similar opportunities4 7#b7 ,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 basis1 including with employee resource groups4 7b7 ,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-- 7#a7 collect voluntary demographic data from the members of committee or board2 and 7#b7 ensure the external advisory committee or board is developed1 reviewed1 and carried out by teams that represent the diversity of the organization4 7c7 ,expand training on bias1 inclusion1 and flexible work policies 7#a7 ,in general ,each national security agency shall-- 7,a7 expand the provision of training on bias1 including implicit or unconscious bias1 micro-inequities1 inclusion1 and flexible work policies to the workforce of the national security agency2 and 7,b7 make micro-inequities and bias training1 including on implicit or unconscious bias1 mandatory for-- 7i7 individuals in senior positions in the national security agency2 7ii7 other individuals holding management positions in the national security agency2 and 7iii7 individuals in positions at the national security agency having responsibilities relating to outreach1 recruitment1 hiring1 career development1 promotion1 or security clearance adjudication4 7#b7 ,phased implementation ,the provision of training required under paragraph 7#a7 may be implemented in a phased approach commensurate with the resources of the national security agency4 7#c7 ,low inclusion scores ,each national security agency shall make available training on implicit or unconscious bias for members of the workforce of a bureau1 directorate1 division1 office1 or other component of the national security agency the inclusion scores of which1 such as those measured by the ,new ,inclusion ,quotient index score1 rank below the average for the national security agency for a period of #c years or longer4 7#d7 ,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 subsection1 including best practices relating to addressing the intersection between certain demographics and job positions4 #h4 ,recruitment 7a7 ,in general ,each national security agency should-- 7#a7 continue to seek a diverse and talented pool of applicants2 7#b7 have diversity recruitment as a goal of the human resources department or equivalent entity1 with outreach at appropriate colleges1 universities1 and diversity organizations and professional associations2 and 7#c7 intensify1 identify1 and build relationships with qualified potential minority candidates4 7b7 ,scope ,the diversity recruitment initiatives described in subsection 7a7 should include-- 7#a7 recruiting at historically black colleges and universities1 ,hispanic-serving institutions1 women's colleges1 and colleges that typically serve majority minority populations2 7#b7 sponsoring and recruiting at job fairs in urban communities2 7#c7 placing job advertisements in newspapers1 magazines1 and job sites oriented toward diverse groups2 7#d7 providing opportunities through highly respected1 international leadership programs1 that focus on diversity recruitment and retention2 and 7#e7 cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals4 #i4 ,general provisions 7a7 ,rule of construction ,nothing in this ,act shall be construed to impair or otherwise affect-- 7#a7 the authority granted by law to an executive department1 agency1 or the head thereof1 or the status of that executive department or agency within the ,federal ,government2 or 7#b7 the functions of the ,director of the ,office of ,management and ,budget relating to budgetary1 administrative1 or legislative proposals4 7b7 ,implementation ,this ,act shall be implemented consistent with applicable law4 7c7 ,no private right of action ,this ,act is not intended to1 and does not1 create any right or benefit1 substantive or procedural1 enforceable at law or in equity by any party against the ,united ,states1 its departments1 agencies1 or entities1 its officers1 employees1 or agents1 or any other person4