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II
116TH CONGRESS
2D SESSION
S. 3430
To promote diversity at the Department of State, to direct the Secretary
of State to review the termination characterization of former members
of the Department who were fired by reason of the sexual orientation
of the official, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 10, 2020
Mr. MENENDEZ introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
A BILL
To promote diversity at the Department of State, to direct
the Secretary of State to review the termination charac-
terization of former members of the Department who
were fired by reason of the sexual orientation of the
official, 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; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Department of State Inclusivity Act of 2020’’.
5
(b) TABLE OF CONTENTS.—The table of contents for
6
this Act is as follows:
7
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Sec. 1. Short title; table of contents.
TITLE I—A DIVERSE WORKFORCE: RECRUITMENT, RETENTION,
AND PROMOTION
Sec. 101. Definitions.
Sec. 102. Office of the Chief Diversity Officer.
Sec. 103. Collection, analysis, and dissemination of workforce data.
Sec. 104. Exit interviews for workforce.
Sec. 105. Recruitment and retention.
Sec. 106. Sense of Congress on support for equal employment opportunity and
merit principles criteria.
Sec. 107. Leadership engagement and accountability.
Sec. 108. Professional development opportunities and tools.
Sec. 109. Examination and oral assessment for the Foreign Service.
Sec. 110. Sense of Congress on veterans recruitment for the Foreign Service.
Sec. 111. Payne fellowship authorization.
Sec. 112. Expansion of Diplomats in Residence Program.
Sec. 113. Use of gender neutral terms in employee evaluation forms.
Sec. 114. Voluntary participation.
TITLE II—LOVE ACT OF 2020
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Director General review.
Sec. 204. Reports on reviews.
Sec. 205. Establishment of Reconciliation Board.
Sec. 206. Issuance of apology.
Sec. 207. Establishment of permanent exhibit on the Lavender Scare.
Sec. 208. Guidance on issuing visas.
Sec. 209. Establishment of Advancement Board.
TITLE
I—A
DIVERSE
WORK-
1
FORCE:
RECRUITMENT,
RE-
2
TENTION, AND PROMOTION
3
SEC. 101. DEFINITIONS.
4
In this title:
5
(1) APPLICANT FLOW DATA.—The term ‘‘appli-
6
cant flow data’’ means data that tracks the rate of
7
applications for job positions among demographic
8
categories.
9
(2) DEMOGRAPHIC
DATA.—The term ‘‘demo-
10
graphic data’’ means facts or statistics relating to
11
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the demographic categories specified in the Office of
1
Management and Budget statistical policy directive
2
entitled ‘‘Standards for Maintaining, Collecting, and
3
Presenting Federal Data on Race and Ethnicity’’
4
(81 Fed. Reg. 67398).
5
(3) DEPARTMENT.—The term ‘‘Department’’
6
means the Department of State.
7
(4) DIVERSITY.—The term ‘‘diversity’’ means
8
those classes of persons protected under the Civil
9
Rights Act of 1964 (42 U.S.C. 2000a et seq.) and
10
the Americans with Disabilities Act of 1990 (42
11
U.S.C. 12101 et seq.).
12
(5) SECRETARY.—The term ‘‘Secretary’’ means
13
the Secretary of State.
14
(6)
WORKFORCE.—The
term
‘‘workforce’’
15
means—
16
(A) individuals serving in a position in the
17
civil service (as defined in section 2101 of title
18
5, United States Code);
19
(B) individuals who are members of the
20
Foreign Service (as defined in section 103 of
21
the Foreign Service Act of 1980 (22 U.S.C.
22
3902));
23
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(C) all individuals serving under a personal
1
services agreement or personal services con-
2
tract;
3
(D) all individuals serving under a Foreign
4
Service Limited appointment under section 309
5
of the Foreign Service Act of 1980 (22 U.S.C.
6
3949); or
7
(E) individuals working in the Department
8
of State under any other authority.
9
SEC. 102. OFFICE OF THE CHIEF DIVERSITY OFFICER.
10
Section 1 of the State Department Basic Authorities
11
Act of 1956 (22 U.S.C. 2651a) is amended—
12
(1) by redesignating subsection (g) as sub-
13
section (h); and
14
(2) by inserting after subsection (f) the fol-
15
lowing new subsection:
16
‘‘(g) CHIEF DIVERSITY OFFICER.—
17
‘‘(1) IN GENERAL.—There shall be established
18
within the Department of State in the immediate of-
19
fice of the Secretary of State an Office of the Chief
20
Diversity Officer. The head of the Office of the
21
Chief Diversity Officer shall report directly to the
22
Secretary.
23
‘‘(2) DUTIES.—The Office of the Chief Diver-
24
sity Officer shall—
25
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‘‘(A) lead the development and implemen-
1
tation of proactive diversity, equity, and inclu-
2
sion initiatives in support of the Department’s
3
strategic plan to create a culture for equity, di-
4
versity, and inclusion;
5
‘‘(B) collaborate with other Department of-
6
fices and bureaus to support them in assessing
7
potential barriers and developing strategies to
8
recruit and retain a diverse workforce;
9
‘‘(C) assess the Department’s need for,
10
and recommend training initiatives on, cultural
11
competency, gender differences, disability, sex-
12
ual harassment, and other topics designed to in-
13
crease awareness and support of equity and in-
14
clusion values; and
15
‘‘(D) ensure the Department maintains
16
compliance with all relevant and applicable laws
17
and regulations.’’.
18
SEC. 103. COLLECTION, ANALYSIS, AND DISSEMINATION OF
19
WORKFORCE DATA.
20
(a) INITIAL REPORT.—Not later than 180 days after
21
the date of the enactment of this Act, the Secretary shall,
22
in consultation with the Director of the Office of Per-
23
sonnel Management and the Director of the Office of Man-
24
agement and Budget, submit to the appropriate congres-
25
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sional committees a report, which shall also be posted on
1
a publicly available website of the Department in a search-
2
able database format, that includes disaggregated demo-
3
graphic data and other information regarding the diversity
4
of the workforce of the Department.
5
(b) DATA.—The report under subsection (a) shall in-
6
clude the following data:
7
(1) Demographic data on each element of the
8
workforce of the Department, disaggregated by rank
9
and grade or grade-equivalent, with respect to the
10
following groups:
11
(A) Applicants for positions in the Depart-
12
ment.
13
(B) Individuals hired to join the workforce.
14
(C) Individuals promoted during the 2-year
15
period ending on the date of the enactment of
16
this Act, including promotions to and within the
17
Senior Executive Service or the Senior Foreign
18
Service.
19
(D) Individuals serving on applicable selec-
20
tion boards.
21
(E) Members of any external advisory com-
22
mittee or board who are subject to appointment
23
by individuals at senior positions in the Depart-
24
ment.
25
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(F) Individuals participating in profes-
1
sional development programs of the Depart-
2
ment, and the extent to which such participants
3
have been placed into senior positions within
4
the Department after such participation.
5
(G) Individuals participating in mentorship
6
or retention programs.
7
(H) Individuals who separated from the
8
agency during the 2-year period ending on the
9
date of the enactment of this Act, including in-
10
dividuals in the Senior Executive Service or the
11
Senior Foreign Service.
12
(2) An assessment of agency compliance with
13
the essential elements identified in Equal Employ-
14
ment Opportunity Commission Management Direc-
15
tive 715, effective October 1, 2003.
16
(3) Data on the overall number of individuals
17
who are part of the workforces of the Department
18
of State overall and within each bureau of the De-
19
partment, the percentages of such workforce cor-
20
responding to each element listed in section 101(6),
21
and the percentages corresponding to each rank,
22
grade, or grade-equivalent.
23
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(4) Data on the promotion outcomes of women
1
and racial or ethnic minorities in mid-career ranks
2
of the workforce.
3
(5) Demographic data, disaggregated by rank
4
and grade or grade-equivalent, of contractors and
5
subcontractors, as well as the nongovernmental orga-
6
nizations and civil society organizations that win
7
bids or obtain contracts and grants and serve as
8
subcontractors.
9
(c) RECOMMENDATION.—The Secretary may include
10
in the report under subsection (a) a recommendation to
11
the Director of Office of Management and Budget and to
12
the appropriate congressional committees regarding
13
whether the Department should collect more detailed data
14
on demographic categories in addition to the race and eth-
15
nicity categories specified in the Office of Management
16
and Budget statistical policy directive entitled ‘‘Standards
17
for Maintaining, Collecting, and Presenting Federal Data
18
on Race and Ethnicity’’ (81 Fed. Reg. 67398).
19
(d) OTHER CONTENTS.—The report under sub-
20
section (a) shall also describe the efforts of the Depart-
21
ment—
22
(1) to propagate fairness, impartiality, and in-
23
clusion in the work environment, both domestically
24
and abroad;
25
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(2) to enforce anti-harassment and anti-dis-
1
crimination policies;
2
(3) to refrain from engaging in unlawful dis-
3
crimination in any phase of the employment process,
4
including recruitment, hiring, evaluation, assign-
5
ments, promotion, retention, and training;
6
(4) to prevent retaliation against employees for
7
participating in a protected equal employment op-
8
portunity activity;
9
(5) to provide reasonable accommodation for
10
qualified employees and applicants with disabilities;
11
and
12
(6) to recruit a representative workforce by—
13
(A) recruiting women and minorities;
14
(B) recruiting at women’s colleges, histori-
15
cally Black colleges and universities, minority-
16
serving institutions, and other institutions serv-
17
ing a significant percentage of minority stu-
18
dents;
19
(C) placing job advertisements in news-
20
papers, magazines, and job sites oriented to-
21
ward women and minorities;
22
(D) sponsoring and recruiting at job fairs
23
in urban and rural communities and land-grant
24
colleges or universities;
25
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(E) providing opportunities through the
1
Foreign Service Internship Program under
2
chapter 12 of the Foreign Service Act of 1980
3
(22 U.S.C. 4141 et seq.) and other hiring ini-
4
tiatives, including a description of efforts to
5
provide opportunities for paid internships;
6
(F) recruiting mid-level and senior-level
7
professionals through programs designed to in-
8
crease minority representation in international
9
affairs;
10
(G) offering the Foreign Service written
11
and oral assessment examinations in several lo-
12
cations throughout the United States to reduce
13
the burden of applicants having to travel at
14
their own expense to take either or both such
15
examinations; and
16
(H) supporting recruiting and hiring op-
17
portunities through—
18
(i) the Charles B. Rangel Inter-
19
national Affairs Fellowship Program;
20
(ii) the Thomas R. Pickering Foreign
21
Affairs Fellowship Program;
22
(iii) the Donald M. Payne Inter-
23
national Development Fellowship Program;
24
and
25
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(iv) other initiatives, including agency-
1
wide policy initiatives.
2
(e) ANNUAL UPDATES.—Not later than one year
3
after the publication of the report required under sub-
4
section (a), and annually thereafter for five years, the Sec-
5
retary shall work with the Director of the Office of Per-
6
sonnel Management and the Director of the Office of Man-
7
agement and Budget to provide a report to the appro-
8
priate congressional committees, which shall be posted on
9
the Department’s website, which may be included in an-
10
other annual report required under another provision of
11
law, that includes—
12
(1) disaggregated demographic data relating to
13
the workforce and information on the status of di-
14
versity and inclusion efforts of the Department;
15
(2) an analysis of applicant flow data; and
16
(3) disaggregated demographic data relating to
17
participants in professional development programs of
18
the Department and the rate of placement into sen-
19
ior positions for participants in such programs.
20
SEC. 104. EXIT INTERVIEWS FOR WORKFORCE.
21
(a) RETAINED MEMBERS.—The Director General of
22
the Foreign Service and the Director of Human Resources
23
of the Department should conduct periodic interviews with
24
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a representative and diverse cross-section of the workforce
1
of the Department—
2
(1) to understand the reasons of individuals in
3
such workforce for remaining in a position in the
4
Department; and
5
(2) to receive feedback on workplace policies,
6
professional development opportunities, and other
7
issues affecting the decision of individuals in the
8
workforce to remain in the Department.
9
(b) DEPARTING MEMBERS.—The Director General of
10
the Foreign Service and the Director of Human Resou
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