S.Amdt. 673

SA 673. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill H.R. 2810, to authorize appropriations for fiscal year
2018 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DEPARTMENT OF DEFENSE DIVERSITY AND INCLUSION
WORKFORCE.

(a) Definitions.--In this section, the following
definitions apply:
(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 the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives.
(3) Armed force.--The term ``armed force'' has the meaning
given that term in section 2101 of title 5, United States
Code.
(4) Civil service.--The term ``civil service'' has the
meaning given that term in section 2101 of title 5, United
States Code.
(5) Department.--The term ``Department'' means the
Department of Defense and the Coast Guard.
(6) Diversity.--The term ``diversity'' means all the
different characteristics and attributes of the workforce of
the Department, which are consistent with the core values of
the Department, integral to overall readiness and mission
accomplishment, and reflective of the people of the United
States.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Defense (and the Secretary of Homeland Security in the
case of the Coast Guard when it is not operating as a service
in the Department of the Navy).
(8) Uniformed service.--The term ``uniformed service'' has
the meaning given that term in section 2101 of title 5,
United States Code.
(9) Workforce.--The term ``workforce'' means an individual
serving in a position--
(A) in the civil service; or
(B) as a member of an armed force, including a member of a
reserve component of an armed force described in section
10101 of title 10, United States Code.
(b) Diversity and Inclusion Strategic Plan.--It is the
sense of Congress that the Department--
(1) should employ an aligned strategic outreach effort to
identify, attract, and recruit from a broad talent pool
reflective of the best of the Nation;
(2) should be an employer of choice that is competitive in
attracting and recruiting top talent;
(3) should develop, mentor, and retain top talents across
the workforce;
(4) should establish the position of the Department as an
employer of choice by creating a merit-based workforce life-
cycle continuum that focuses on personal and professional
development through training, education, and developing
employment flexibility to retain a highly-skilled workforce;
(5) should ensure leadership commitment to an accountable
and sustained diversity effort; and
(6) should develop structures and strategies to equip
leadership with the ability to manage diversity, be
accountable, and engender an inclusive work environment that
cultivates innovation and optimization within the Department.
(c) Initial Reporting.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and every year after until the end of
fiscal year 2023, the Secretary shall make available to the
public and the appropriate congressional committees a report
which includes aggregate demographic data and other
information regarding the diversity and inclusion efforts of
the workforce of the Department.
(2) Data.--Each report made available under paragraph (1)--
(A) shall include a barrier analysis related to diversity
and inclusion efforts;
(B) shall include aggregate demographic data--
(i) by segment of the workforce of the Department and grade
or rank;
(ii) by uniformed service and civil service job code;
(iii) relating to attrition and promotion rates;
(iv) that addresses the compliance of the Department with
validated inclusion metrics;
(v) that provides demographic comparisons to the relevant
non-Governmental labor force and the relevant civilian labor
force;
(vi) on the diversity of selection boards;
(vii) on the employment of minority and service-disabled
veterans during the most recent 10-year period, including--

(I) the number hired through direct hires, internships, and
fellowship programs; and
(II) attrition rates by grade, in the civil service and
uniformed service, and in the senior positions; and

(viii) on mentorship and retention programs;
(C) shall include an analysis of applicant flow data,
including the percentage, actual numbers and level of
positions (including internship 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 Department 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 Department appoint members;
(F) shall be organized in terms of real numbers and
percentages at all levels; and
(G) shall be made available in a searchable database
format.
(3) Recommendations.--The Secretary may submit to the
Office of Management and Budget and to the appropriate
congressional committees a recommendation regarding whether
the Department 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''. In making a
recommendation under this paragraph, the Secretary shall
engage in close consultation with internal stakeholders, such
as employee resource or affinity groups.
(4) Other contents.--Each report made available under
paragraph (1) shall describe the efforts of the Department
to--
(A) propagate fairness, impartiality, and inclusion in the
work environment domestically and abroad;
(B) ensure that harassment, intolerance, and discrimination
are not tolerated;
(C) refrain from engaging in unlawful discrimination in any
phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;

[[Page S4583]]

(D) prevent illegal retaliation against employees for
participating in a protected equal employment opportunity
activity;
(E) provide reasonable accommodation for qualified
employees and applicants with disabilities;
(F) resolve workplace conflicts, confrontations, and
complaints in a prompt, impartial, constructive, and timely
manner; and
(G) recruit a diverse workforce by--
(i) recruiting women, minorities, veterans, and
undergraduate and graduate students;
(ii) recruiting at historically Black colleges and
universities, Hispanic serving institutions, women's
colleges, and colleges that typically serve majority minority
populations;
(iii) sponsoring and recruiting at job fairs in urban
communities;
(iv) placing job advertisements in newspapers, magazines,
and job sites oriented toward women and people of color; and
(v) recruiting mid-level and senior-level professionals
through programs designed to increase minority representation
in national security.
(5) Intelligence community.--The elements of the
intelligence community in the Department 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.
(d) Updates.--The second report, and each subsequent
report, under subsection (c) (which may be provided as part
of an annual report required under another provision of law)
shall include--
(1) demographic data and information on the status of
diversity and inclusion efforts of the Department;
(2) an analysis of applicant flow data;
(3) demographic data relating to participants in
professional development programs of the Department and the
rate of placement into senior positions for participants in
such programs; and
(4) the specified data in a searchable database format.
(e) Conduct Stay and Exit Interviews or Surveys.--
(1) Retained members.--The Director of the Office of
Diversity Management and Equal Opportunity shall conduct
periodic interviews or surveys of a representative and
diverse cross-section of the members of the workforce of the
Department to--
(A) understand the reasons of the members for remaining in
a position in the Department; and
(B) receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of the members to remain.
(2) Departing members.--The Director of the Office of
Diversity Management and Equal Opportunity shall provide an
opportunity for an exit interview or survey to each member of
the workforce of the Department who separates from service
with the Department, to understand better the reasons of the
member for leaving.
(3) Use of analysis from interviews and surveys.--The
Director of the Office of Diversity Management and Equal
Opportunity 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 recommend
the Secretary include recommendations as part of a report
required under subsection (c).
(4) Tracking data.--The Department 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) understand how participation in such programs differs
by gender, race, national origin, sexual orientation, gender
identity, disability status, and other demographic
categories; and]
(D) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation.
(f) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Department is authorized to expand
professional development opportunities that support the
mission needs of the Department, 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.--The Department may offer, or sponsor
members of the workforce of the Department to participate in,
a Senior Executive Service candidate development program or
other program that trains members of the workforce of the
Department on the skills required for appointment to senior
positions in the Department.
(B) Requirements.--In determining which members of the
workforce of the Department are granted professional
development or career advancement opportunities, the
Department shall--
(i) ensure any program offered or sponsored by the
Department 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 Department 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.--The Department 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.
(g) Initiatives.--
(1) In general.--The Department should--
(A) continue to seek a diverse and talented pool of
applicants;
(B) 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
(C) intensify, identify, and build relationships with
qualified potential minority candidates.
(2) Scope.--The diversity recruitment initiatives described
in paragraph (1) should include--
(A) recruiting at historically black colleges and
universities, Hispanic-serving institutions, women's
colleges, and colleges that typically serve majority minority
populations;
(B) sponsoring and recruiting at job fairs in urban
communities;
(C) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(D) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention; and
(E) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
______