National Security Diversity and Inclusion Workforce Act of 2019

II 116TH CONGRESS 1ST SESSION S. 497 To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 14, 2019 Mr. CARDIN (for himself, Mr. BOOKER, Mr. COONS, Mr. SCHATZ, Mrs. SHA- HEEN, and Mr. REED) introduced the following bill; 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 agencies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Security Di- 4 versity and Inclusion Workforce Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) The greatest national asset of the United 8 States in protecting the homeland and advancing the 9 VerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497 kjohnson on DSK79L0C42 with BILLS 2 •S 497 IS interests of the United States abroad is the talent 1 and diversity of the national security workforce. 2 (2) The United States has made important 3 progress toward harnessing the extraordinary range 4 of backgrounds, cultures, perspectives, skills, and ex- 5 periences of the population of the United States to- 6 ward keeping the United States safe and strong. 7 (3) The 2015 National Security Strategy recog- 8 nized that the diversity of the national security 9 workforce of the United States is a strategic asset 10 that enhances the ability of the United States to 11 lead on the global stage. 12 (4) Secretary of State Mike Pompeo remarked 13 at his nomination hearing before the Committee on 14 Foreign Relations of the Senate in April 2018 that 15 he deeply believed the workforce of the Department 16 of State must be diverse ‘‘in every sense of the 17 word’’. 18 (5) In March 2011, the Military Leadership Di- 19 versity Commission demonstrated that minorities 20 and women are still underrepresented among the top 21 leadership of the Armed Forces, as compared with 22 the members they lead. 23 (6) Although African Americans, Native Ameri- 24 cans (including Native Hawaiians), and Asians rep- 25 VerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497 kjohnson on DSK79L0C42 with BILLS 3 •S 497 IS resent 21 percent of the workforce of the Depart- 1 ment of State, in 2018, only 8 percent and 7 percent 2 of the senior positions in the civil service and the 3 Foreign Service at the Department of State, respec- 4 tively, were occupied by members of these groups. 5 (7) Although Latinos or Hispanics, represent 7 6 percent of the workforce of the Department of State, 7 in 2018, only 5 percent of the senior positions in the 8 civil service and the Foreign Service at the Depart- 9 ment of State were occupied by members of these 10 groups. 11 (8) As of 2018, African Americans, Asians, and 12 other racial minorities (including Native Hawaiians 13 and other Pacific Islanders, American Indians, and 14 Alaska Natives) represented 33 percent of the active 15 duty enlisted members of the Armed Forces but only 16 23 percent of the officer corps of the Armed Forces, 17 while members of the Armed Forces of Hispanic ori- 18 gin represented 18 percent of the enlisted force but 19 only 8 percent of the officer corps. 20 (9) In the intelligence community, African 21 Americans, Latinos or Hispanics, Native Americans, 22 and Asians, along with other minority groups, rep- 23 resented 25 percent of the employees, but only 13 24 percent of the senior positions. 25 VerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497 kjohnson on DSK79L0C42 with BILLS 4 •S 497 IS (10) The percentages of Latinos or Hispanics 1 as part of the overall Federal workforce and in sen- 2 ior positions in the Federal workforce are even 3 lower, at 8.6 percent and 4.6 percent, respectively, 4 as compared to the general population of the United 5 States, which is 17 percent Latino or Hispanic. 6 (11) With regard to gender diversity, of the in- 7 dividuals in senior positions in the civil service or the 8 Foreign Service at the Department of State 40 per- 9 cent and 32 percent are female, respectively. For the 10 Department of Defense, 24 percent of the individ- 11 uals in senior civilian positions are female, of the 12 senior grades of the Armed Forces, 8 percent of the 13 officers are female, and 12 percent of enlisted mem- 14 bers of the Armed Forces are females. Of the indi- 15 viduals in senior positions in the intelligence commu- 16 nity, 30 percent are female, compared to the overall 17 Federal workforce, which is 42 percent female. 18 (12) In concert with the findings of the Military 19 Leadership Diversity Commission, the amendments 20 made by section 519 of the National Defense Au- 21 thorization Act for Fiscal Year 2013 (Public Law 22 112–239; 126 Stat. 1721) mandated that the Armed 23 Forces develop and implement a plan to accurately 24 measure the efforts of the Department of Defense 25 VerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497 kjohnson on DSK79L0C42 with BILLS 5 •S 497 IS and Coast Guard to ‘‘achieve a dynamic, sustainable 1 level of members of the armed forces (including re- 2 serve components) that, among both commissioned 3 officers and senior enlisted personnel of each armed 4 force, will reflect the diverse population of the 5 United States eligible to serve in the armed forces, 6 including gender specific, racial, and ethnic popu- 7 lations.’’. 8 (13) The amendments made by section 1011 of 9 the Intelligence Reform and Terrorism Prevention 10 Act of 2004 (Public Law 108–458; 118 Stat. 3643) 11 called on the intelligence community to prescribe 12 personnel policies and programs that ensure its per- 13 sonnel ‘‘are sufficiently diverse for purposes of the 14 collection and analysis of intelligence through the re- 15 cruitment and training of women, minorities, and in- 16 dividuals with diverse ethnic, cultural, and linguistic 17 backgrounds’’. 18 (14) The Department of State Authorities Act, 19 Fiscal Year 2017 (Public Law 114–323), urges the 20 State Department to promote a diverse representa- 21 tion among mid- and senior-level career professionals 22 and section 101 of the Foreign Service Act of 1980 23 (22 U.S.C. 3901) urges the Department of State to 24 develop policies to encourage the entry into and ad- 25 VerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497 kjohnson on DSK79L0C42 with BILLS 6 •S 497 IS vancement in the Foreign Service by persons from 1 all segments of American society. 2 SEC. 3. STATEMENT OF POLICY. 3 It is the policy of the United States that— 4 (1) in order to protect the homeland and ad- 5 vance the interests of the United States abroad, na- 6 tional security agencies of the Federal Government 7 must have a workforce that reflects the rich com- 8 position and talent of its citizenry; 9 (2) the skills, knowledge, perspectives, ideas, 10 and experiences of all of the members of the work- 11 force of national security agencies contribute to the 12 vitality and success of their national security mis- 13 sion; 14 (3) promoting diversity and inclusion within the 15 national security workforce must be a joint effort 16 and requires engagement by senior leadership, man- 17 agers, and the entire workforce, as well as effective 18 collaboration among those responsible for human re- 19 sources, equal employment opportunity, and diver- 20 sity and inclusion issues; and 21 (4) as the United States becomes more diverse 22 and the challenges it faces more complex, the United 23 States must continue to invest in policies to recruit, 24 VerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497 kjohnson on DSK79L0C42 with BILLS 7 •S 497 IS retain, and develop the best and brightest from all 1 segments of the population of the United States. 2 SEC. 4. DEFINITIONS. 3 In this Act: 4 (1) APPLICANT FLOW DATA.—The term ‘‘appli- 5 cant flow data’’ means data that tracks the rate of 6 applications for job positions among demographic 7 categories. 8 (2) APPROPRIATE CONGRESSIONAL COMMIT- 9 TEES.—The term ‘‘appropriate congressional com- 10 mittees’’ means— 11 (A) the Committee on Foreign Relations, 12 the Committee on Armed Services, the Com- 13 mittee on Homeland Security and Govern- 14 mental Affairs, the Select Committee on Intel- 15 ligence, and the Committee on Appropriations 16 of the Senate; and 17 (B) the Committee on Foreign Affairs, the 18 Committee on Armed Services, the Committee 19 on Homeland Security, the Permanent Select 20 Committee on Intelligence, and the Committee 21 on Appropriations of the House of Representa- 22 tives. 23 (3) DIVERSITY.—The term ‘‘diversity’’ means 24 diversity of persons based on gender, race, ethnicity, 25 VerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497 kjohnson on DSK79L0C42 with BILLS 8 •S 497 IS disability status, veteran status, sexual orientation, 1 gender identity, national origin, and other demo- 2 graphic categories. 3 (4) FOREIGN SERVICE.—The term ‘‘Foreign 4 Service’’ has the meaning given that term in section 5 102 of the Foreign Service Act of 1980 (22 U.S.C. 6 3902). 7 (5) INTELLIGENCE COMMUNITY.—The term 8 ‘‘intelligence community’’ has the meaning given 9 that term in section 3 of the National Security Act 10 of 1947 (50 U.S.C. 3003). 11 (6) NATIONAL SECURITY AGENCY.—The term 12 ‘‘national security agency’’ means— 13 (A) the Department of State; 14 (B) the United States Agency for Inter- 15 national Development; 16 (C) the Department of Defense; 17 (D) the Armed Forces; 18 (E) each element of the intelligence com- 19 munity; 20 (F) the Office of International Affairs and 21 the Office of Critical Infrastructure Protection 22 of the Department of the Treasury; 23 VerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497 kjohnson on DSK79L0C42 with BILLS 9 •S 497 IS (G) the National Security Division of the 1 Department of Justice and the Federal Bureau 2 of Investigation; 3 (H) the Department of Homeland Secu- 4 rity; 5 (I) the Foreign Agricultural Service of the 6 Department of Agriculture; and 7 (J) any other Federal agency that is pri- 8 marily engaged in diplomacy, development, de- 9 fense, intelligence, law enforcement, or home- 10 land security. 11 (7) MEMBER OF THE FOREIGN SERVICE.—The 12 term ‘‘member of the Foreign Service’’ means a 13 member of the Foreign Service described in section 14 103 of the Foreign Service Act of 1980 (22 U.S.C. 15 3903). 16 (8) WORKFORCE.—The term ‘‘workforce’’ 17 means an individual serving in a position— 18 (A) in the civil service (as defined in sec- 19 tion 2101 of title 5, United States Code); 20 (B) as a member of the Foreign Service; or 21 (C) as an officer or enlisted member of an 22 armed force. 23 VerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497 kjohnson on DSK79L0C42 with BILLS 10 •S 497 IS SEC. 5. COLLECTION, ANALYSIS, AND DISSEMINATION OF 1 WORKFORCE DATA. 2 (a) INITIAL REPORTING.— 3 (1) IN GENERAL.—Not later than 180 days 4 after the date of enactment of this Act, and subject 5 to paragraph (3), the head of each national security 6 agency shall make available to the public, the appro- 7 priate congressional committees, and the workforce 8 of the national security agency a report which in- 9 cludes aggregate demographic data and other infor- 10 mation regarding the diversity and inclusion efforts 11 of the workforce of the national security agency. 12 (2) CONTENTS.—A report made available under 13 paragraph (1)— 14 (A) shall include unclassified reports and 15 barrier analyses relating to diversity and inclu- 16 sion efforts; 17 (B) shall include aggregate demographic 18 data— 19 (i) by segment of the workforce of the 20 national security agency and grade or 21 rank; 22 (ii) relating to attrition and promotion 23 rates; 24 (iii) that addresses the compliance of 25 the national security agency with validated 26 VerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497 kjohnson on DSK79L0C42 with BILLS 11 •S 497 IS inclusion metrics, such as the New Inclu- 1 sion Quotient index score; and 2 (iv) that provides demographic com- 3 parisons to the relevant nongovernmental 4 labor force and the relevant civilian labor 5 force; 6 (C) shall include an analysis of applicant 7 flow data, including the percentage and level of 8 positions for which data are collected, and a 9 discussion of any resulting policy changes or 10 recommendations; 11 (D) shall include demographic data relat- 12 ing to participants in professional development 13 programs of the national security agency and 14 the rate of placement into senior positions for 15 participants in such programs; 16 (E) shall include any voluntarily collected 17 demographic data relating to the membership of 18 any external advisory committee or board to 19 which individuals in senior positions in the na- 20 tional security agency appoint members; and 21 (F) may include data in proportions or 22 percentages to account for concerns relating to 23 the protection of classified information. 24 VerDate Sep 11 2014 04:03 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497 kjohnson on DSK79L0C42 with BILLS 12 •S 497 IS (3) INTELLIGENCE COMMUNITY.—The elements 1 of the intelligence community may make available a 2 single report with respect to the diversity and inclu- 3 sion efforts of the workforce of the elements of the 4 intelligence community under this subsection. 5 (b) UPDATES.—After making available a report 6 under subsection (a), the head of each national security 7 agency shall annually provide a report (which may be pro- 8 vided as part of an annual report required under another 9 provision of law) to the workforce of the national security 10 agency (including senior leadership), the public, and the 11 appropriate congressional committees that includes— 12 (1) demographic data and information on the 13 status of diversity and inclusion efforts of the na- 14 tional security agency; 15 (2) an analysis of applicant flow data, including 16 the percentage and level of positions for which data 17 are collected, and a discussion of any resulting policy 18 changes or recomme [Text truncated for display. 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