81_FR_70188 81 FR 69993 - Promoting Diversity and Inclusion in the National Security Workforce

81 FR 69993 - Promoting Diversity and Inclusion in the National Security Workforce

Executive Office of the President

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range69993-69997
FR Document2016-24582

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Presidential Documents]
[Pages 69993-69997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24582]




                        Presidential Documents 



Federal Register / Vol. 81 , No. 195 / Friday, October 7, 2016 / 
Presidential Documents

[[Page 69993]]


                Memorandum of October 5, 2016

                
Promoting Diversity and Inclusion in the National 
                Security Workforce

                Memorandum for the Heads of Executive Departments and 
                Agencies

                Our greatest asset in protecting the homeland and 
                advancing our interests abroad is the talent and 
                diversity of our national security workforce. Under my 
                Administration, we have made important progress toward 
                harnessing the extraordinary range of backgrounds, 
                cultures, perspectives, skills, and experiences of the 
                U.S. population toward keeping our country safe and 
                strong. As the United States becomes more diverse and 
                the challenges we face more complex, we must continue 
                to invest in policies to recruit, retain, and develop 
                the best and brightest from all segments of our 
                population. Research has shown that diverse groups are 
                more effective at problem solving than homogeneous 
                groups, and policies that promote diversity and 
                inclusion will enhance our ability to draw from the 
                broadest possible pool of talent, solve our toughest 
                challenges, maximize employee engagement and 
                innovation, and lead by example by setting a high 
                standard for providing access to opportunity to all 
                segments of our society.

                The purpose of this memorandum is to provide guidance 
                to the national security workforce in order to 
                strengthen the talent and diversity of their respective 
                organizations. That workforce, which comprises more 
                than 3 million people, includes the following 
                departments, agencies, offices, and other entities 
                (agencies) that are primarily engaged in diplomacy, 
                development, defense, intelligence, law enforcement, 
                and homeland security: 1) Department of State: Civil 
                Service and Foreign Service; 2) United States Agency 
                for International Development (USAID): Civil Service 
                and Foreign Service; 3) Department of Defense (DOD): 
                commissioned officers, enlisted personnel, and civilian 
                personnel; 4) the 17 members of the Intelligence 
                Community; 5) Department of the Treasury: Office of 
                International Affairs and Office of Critical 
                Infrastructure Protection; 6) Department of Justice: 
                National Security Division and Federal Bureau of 
                Investigation; and 7) Department of Homeland Security.

                The data collected by these agencies do not capture the 
                full range of diversity in the national security 
                workforce, but where data allow for broad comparison, 
                they indicate that agencies in this workforce are less 
                diverse on average than the rest of the Federal 
                Government. For example, as of 2015, only the 
                Department of State and USAID Civil Services were more 
                diverse in terms of gender, race, and ethnicity than 
                the Federal workforce as a whole. When comparing the 
                agencies' workforces to their leadership personnel 
                (Senior Executive Service (SES) or its equivalent), all 
                agencies' leadership staffs were less diverse than 
                their respective workforces in terms of gender, and all 
                but DOD enlisted personnel and USAID Civil Service had 
                less diverse leadership in terms of race and ethnicity. 
                While these data do not necessarily indicate the 
                existence of barriers to equal employment opportunity, 
                we can do more to promote diversity in the national 
                security workforce, consistent with merit system 
                principles and applicable law.

                When I issued Executive Order 13583 of August 18, 2011 
                (Establishing a Coordinated Government-wide Initiative 
                to Promote Diversity and Inclusion in the Federal 
                Workforce), I directed all departments and agencies to 
                develop and implement a more comprehensive, integrated, 
                and strategic focus on diversity and inclusion. This 
                memorandum supports that effort by providing

[[Page 69994]]

                guidance that 1) emphasizes a data-driven approach in 
                order to increase transparency and accountability at 
                all levels; 2) takes into account leading practices, 
                research, and experience from the private and public 
                sectors; and 3) complements ongoing actions that 
                agencies are taking pursuant to Executive Order 13583 
                and under the leadership of the Diversity and Inclusion 
                in Government Council, including but not limited to 
                efforts related to gender, race, ethnicity, disability 
                status, veterans, sexual orientation and gender 
                identity, and other demographic categories. This 
                memorandum also supports Executive Order 13714 of 
                December 15, 2015 (Strengthening the Senior Executive 
                Service), by directing agencies to take additional 
                steps to expand the pipeline of diverse talent into 
                senior positions.

                This memorandum also aligns with congressional efforts 
                to promote the diversity of the national security 
                workforce, which have been reflected in legislation 
                such as the:

                     Foreign Service Act of 1980, which urged 
                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 society'';
                     Intelligence Reform and Terrorism 
                Prevention Act of 2004, which 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 women, minorities, and individuals with 
                diverse ethnic, cultural, and linguistic backgrounds''; 
                and
                     National Defense Authorization Act for 
                Fiscal Year 2013, which mandated that the U.S. military 
                develop and implement a plan to accurately measure the 
                efforts of the military to ``achieve a dynamic, 
                sustainable level of members of the armed forces 
                (including reserve components) that, among both 
                commissioned officers and senior enlisted personnel of 
                each armed force, will reflect the diverse population 
                of the United States eligible to serve in the armed 
                forces, including gender specific, racial, and ethnic 
                populations.''

                Promoting diversity and inclusion within the national 
                security workforce must be a joint effort and requires 
                engagement by senior leadership, managers, and the 
                entire workforce, as well as effective collaboration 
                among those responsible for human resources, equal 
                employment opportunity, and diversity and inclusion 
                issues. In implementing the guidance in this 
                memorandum, agencies shall ensure their diversity and 
                inclusion practices are fully integrated into broader 
                succession planning efforts and supported by sufficient 
                resource allocations and effective programs that invest 
                in personnel development and engagement. Where 
                appropriate, they shall also support, coordinate, and 
                encourage research and other efforts by the Federal 
                Government to expand the knowledge base of best 
                practices for broadening participation and 
                understanding the impact of diversity and inclusion on 
                national security, including in the fields of science 
                and technology.

                Therefore, by the authority vested in me as President 
                by the Constitution and the laws of the United States 
                of America, I hereby direct the following:

                Section 1. Collection, Analysis, and Dissemination of 
                Workforce Data. Although collected data do not 
                necessarily indicate the existence of barriers to equal 
                employment opportunity, the collection and analysis of 
                metrics allows agencies to assess their workforce 
                talent gaps, as well as the effectiveness of their 
                diversity and inclusion efforts and the adequacy of 
                their resources to address these gaps. The 
                dissemination of data to the public and to agency 
                personnel may increase the transparency and 
                accountability of their efforts. Accordingly, agencies 
                in the national security workforce shall:

                    (a) Make aggregate demographic data and other 
                information available to the public and broader 
                workforce. Agencies shall make available to the general 
                public information on the state of diversity and 
                inclusion in their workforces. That information, which 
                shall be updated at least once a year, shall include 
                aggregate demographic data by workforce or service and 
                grade

[[Page 69995]]

                or rank; attrition and promotion demographic data; 
                validated inclusion metrics such as the New Inclusion 
                Quotient (New IQ) index score; demographic comparisons 
                to the relevant civilian labor force; and unclassified 
                reports and barrier analyses related to diversity and 
                inclusion. Agencies may publish data in proportions or 
                percentages to account for classification concerns, and 
                the Intelligence Community may publish a community-wide 
                report with the data outlined in this section. In 
                addition, agencies shall provide to their workforces, 
                including senior leadership at the Secretary or 
                Director level, a report that includes demographic data 
                and information on the status of diversity and 
                inclusion efforts no later than 90 days after the date 
                of this memorandum and on an annual basis thereafter 
                (or in line with existing annual reporting requirements 
                related to these issues, if any).
                    (b) Expand the collection and analysis of voluntary 
                applicant flow data. Applicant flow data tracks the 
                selection rate variances for job positions among 
                different demographic categories and can assist 
                agencies in examining the fairness and inclusiveness of 
                their recruitment efforts. Agencies shall develop a 
                system to collect and analyze applicant flow data for 
                as many positions as practicable in order to identify 
                future areas for improvement in attracting diverse 
                talent, with particular attention to senior and 
                management positions. The collection of data may be 
                implemented in a phased approach commensurate with 
                agency resources. Agencies shall include such analysis, 
                including the percentage and level of positions for 
                which data are collected, and any resulting policy 
                changes or recommendations in the report required by 
                section 1(a) of this memorandum.
                    (c) Identify additional categories for voluntary 
                data collection of current employees. The Federal 
                Government provides minimum reporting categories for 
                agencies collecting race and ethnicity information in 
                the Office of Management and Budget's (OMB) Statistical 
                Policy Directive ``Standards for Maintaining, 
                Collecting, and Presenting Federal Data on Race and 
                Ethnicity.'' That standard also encourages agencies to 
                collect more detailed data, which can be compared by 
                aggregating such data into minimum categories when 
                necessary. Further, agencies may also collect 
                additional demographic data, such as information 
                regarding sexual orientation or gender identity. No 
                later than 90 days after the date of this memorandum, 
                agencies shall determine whether they recommend the 
                voluntary collection of more detailed demographic data 
                on additional categories. This process shall involve 
                close consultation with internal stakeholders, such as 
                employee resource or affinity groups; clear 
                communication with the workforce to explain the purpose 
                of, legal protections related to, and anticipated use 
                of such data; and adherence to relevant standards and 
                guidance issued by the Federal Government. Any 
                determinations shall be submitted to OMB, the Office of 
                Personnel Management (OPM), the Equal Employment 
                Opportunity Commission, and the Department of Labor for 
                consideration.

                Sec. 2. Provision of Professional Development 
                Opportunities and Tools Consistent with Merit System 
                Principles. An inclusive work environment enhances 
                agencies' ability to retain and sustain a strong 
                workforce by allowing all employees to perform at their 
                full potential and maximize their talent. Professional 
                development opportunities and tools are key to 
                fostering that potential, and each agency should make 
                it a priority to ensure that all employees have access 
                to them consistent with merit system principles. 
                Agencies in the national security workforce shall 
                therefore:

                    (a) Conduct stay and exit interviews or surveys. 
                Agencies shall conduct periodic interviews with a 
                representative cross-section of personnel to understand 
                their reasons for staying with their organization, as 
                well as to receive feedback on workplace policies, 
                professional development opportunities, and other 
                issues affecting their decision to remain. They shall 
                also provide an opportunity for exit interviews or 
                surveys of all departing personnel to understand better 
                their reasons for leaving. Agencies shall include 
                analysis from the interviews and surveys--including if 
                and how the results of the interviews differ by gender, 
                race and national origin, sexual orientation,

[[Page 69996]]

                gender identity, disability status, and other 
                demographic variables--and any resulting policy changes 
                or recommendations in the report required by section 
                1(a) of this memorandum.
                    (b) Expand provision of professional development 
                and career advancement opportunities. Agencies shall 
                prioritize resources to expand professional development 
                opportunities that support mission needs, such as 
                academic programs, private-public exchanges, and detail 
                assignments to relevant positions in private or 
                international organizations; State, local, and tribal 
                governments; or other branches of the Federal 
                Government. In addition, agencies in the national 
                security workforce shall offer, or sponsor employees to 
                participate in, an SES Candidate Development Program 
                (CDP) or other programs that train employees to gain 
                the skills required for senior-level agency 
                appointments. In determining which employees are 
                granted professional development or career advancement 
                opportunities, agencies shall ensure their SES CDP 
                comports with the provisions of 5 C.F.R. part 412, 
                subpart C, including merit staffing and assessment 
                requirements. Agencies shall also consider the number 
                of expected senior-level vacancies as a factor in 
                determining the number of candidates to select for such 
                programs. Agencies shall track the demographics of 
                program participants as well as the rate of placement 
                into senior-level positions for participants in such 
                programs, evaluate such data on an annual basis to look 
                for ways to improve outreach and recruitment for these 
                programs consistent with merit system principles, and 
                include such data in the report required by section 
                1(a) of this memorandum.
                    (c) Institute a review process for security and 
                counterintelligence determinations that result in 
                assignment restrictions. For agencies in the national 
                security workforce that place assignment restrictions 
                on personnel or otherwise prohibit certain geographic 
                assignments due to a security determination, these 
                agencies shall ensure a review process exists 
                consistent with the Adjudicative Guidelines for 
                Determining Eligibility for Access to Classified 
                Information, as well as applicable counterintelligence 
                considerations. Agencies shall ensure that affected 
                personnel are informed of the right to seek review and 
                the process for doing so.

                Sec. 3. Strengthening of Leadership Engagement and 
                Accountability. Senior leadership and supervisors play 
                an important role in fostering diversity and inclusion 
                in the workforce they lead and in setting an example 
                for cultivating talent consistent with merit system 
                principles. Toward that end, agencies in the national 
                security workforce shall:

                    (a) Reward and recognize efforts to promote 
                diversity and inclusion. Agencies are strongly 
                encouraged to consider implementing performance and 
                advancement requirements that reward and recognize 
                senior leaders' and supervisors' efforts in fostering 
                an inclusive environment and cultivating talent 
                consistent with merit system principles, such as 
                through participation in mentoring programs or 
                sponsorship initiatives, recruitment events, and other 
                opportunities. They are also encouraged to create 
                opportunities for senior leadership and supervisors to 
                participate in outreach events and to discuss issues 
                related to diversity and inclusion with the workforce 
                on a regular basis, including with employee resource 
                groups.
                    (b) Collect and disseminate voluntary demographic 
                data of external advisory committees and boards. For 
                agencies in the national security workforce that have 
                external advisory committees or boards to which their 
                senior leadership appoints members, they are strongly 
                encouraged to collect voluntary demographic data from 
                the members of committee and boards, and to include 
                such data in the information and report required by 
                section 1(a) of this memorandum.
                    (c) Expand training on unconscious bias, inclusion, 
                and flexible work policies. Agencies shall expand their 
                provision of training on implicit or unconscious bias, 
                inclusion, and flexible work policies and make implicit 
                or unconscious bias training mandatory for senior 
                leadership and management positions, as well as for 
                those responsible for outreach, recruitment, hiring, 
                career development, promotion, and security clearance 
                adjudication.

[[Page 69997]]

                The provision of training may be implemented in a 
                phased approach commensurate with agency resources. 
                Agencies shall also make available training for 
                bureaus, directorates, or divisions whose inclusion 
                scores, such as those measured by the New IQ index, 
                consistently rank below the agency-wide average 3 or 
                more years in a row. Agencies should give special 
                attention to ensuring the continuous incorporation of 
                research-based best practices, including those to 
                address the intersectionality between certain 
                demographics and job positions.

                Sec. 4. Reporting on Progress. No later than 120 days 
                after the date of this memorandum, and on an annual 
                basis thereafter, the Assistant to the President for 
                National Security Affairs, in consultation with the 
                Directors of OMB and OPM, shall report to the President 
                on the progress of the national security workforce in 
                implementing the requirements of this memorandum, based 
                on information provided by relevant departments and 
                agencies.

                Sec. 5. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof, or the status of that department or agency within the Federal 
Government; or

(ii) the functions of the Director of OMB relating to budgetary, 
administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law, and subject to the availability of 
                appropriations.
                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.
                    (d) The Director of OPM is hereby authorized and 
                directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, October 5, 2016

[FR Doc. 2016-24582
Filed 10-6-16; 11:15 am]
Billing code 6325-01-P



                                                                 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Presidential Documents                      69993

                                                                                                 Presidential Documents



                                                                                                 Memorandum of October 5, 2016

                                                                                                 Promoting Diversity and Inclusion in the National Security
                                                                                                 Workforce

                                                                                                 Memorandum for the Heads of Executive Departments and Agencies

                                                                                                 Our greatest asset in protecting the homeland and advancing our interests
                                                                                                 abroad is the talent and diversity of our national security workforce. Under
                                                                                                 my Administration, we have made important progress toward harnessing
                                                                                                 the extraordinary range of backgrounds, cultures, perspectives, skills, and
                                                                                                 experiences of the U.S. population toward keeping our country safe and
                                                                                                 strong. As the United States becomes more diverse and the challenges we
                                                                                                 face more complex, we must continue to invest in policies to recruit, retain,
                                                                                                 and develop the best and brightest from all segments of our population.
                                                                                                 Research has shown that diverse groups are more effective at problem solving
                                                                                                 than homogeneous groups, and policies that promote diversity and inclusion
                                                                                                 will enhance our ability to draw from the broadest possible pool of talent,
                                                                                                 solve our toughest challenges, maximize employee engagement and innova-
                                                                                                 tion, and lead by example by setting a high standard for providing access
                                                                                                 to opportunity to all segments of our society.
                                                                                                 The purpose of this memorandum is to provide guidance to the national
                                                                                                 security workforce in order to strengthen the talent and diversity of their
                                                                                                 respective organizations. That workforce, which comprises more than 3 mil-
                                                                                                 lion people, includes the following departments, agencies, offices, and other
                                                                                                 entities (agencies) that are primarily engaged in diplomacy, development,
                                                                                                 defense, intelligence, law enforcement, and homeland security: 1) Department
                                                                                                 of State: Civil Service and Foreign Service; 2) United States Agency for
                                                                                                 International Development (USAID): Civil Service and Foreign Service; 3)
                                                                                                 Department of Defense (DOD): commissioned officers, enlisted personnel,
                                                                                                 and civilian personnel; 4) the 17 members of the Intelligence Community;
                                                                                                 5) Department of the Treasury: Office of International Affairs and Office
                                                                                                 of Critical Infrastructure Protection; 6) Department of Justice: National Secu-
                                                                                                 rity Division and Federal Bureau of Investigation; and 7) Department of
                                                                                                 Homeland Security.
                                                                                                 The data collected by these agencies do not capture the full range of diversity
                                                                                                 in the national security workforce, but where data allow for broad compari-
                                                                                                 son, they indicate that agencies in this workforce are less diverse on average
                                                                                                 than the rest of the Federal Government. For example, as of 2015, only
                                                                                                 the Department of State and USAID Civil Services were more diverse in
                                                                                                 terms of gender, race, and ethnicity than the Federal workforce as a whole.
                                                                                                 When comparing the agencies’ workforces to their leadership personnel (Sen-
                                                                                                 ior Executive Service (SES) or its equivalent), all agencies’ leadership staffs
                                                                                                 were less diverse than their respective workforces in terms of gender, and
                                                                                                 all but DOD enlisted personnel and USAID Civil Service had less diverse
                                                                                                 leadership in terms of race and ethnicity. While these data do not necessarily
                                                                                                 indicate the existence of barriers to equal employment opportunity, we
                                                                                                 can do more to promote diversity in the national security workforce, con-
                                                                                                 sistent with merit system principles and applicable law.
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                                                                                                 When I issued Executive Order 13583 of August 18, 2011 (Establishing
                                                                                                 a Coordinated Government-wide Initiative to Promote Diversity and Inclusion
                                                                                                 in the Federal Workforce), I directed all departments and agencies to develop
                                                                                                 and implement a more comprehensive, integrated, and strategic focus on
                                                                                                 diversity and inclusion. This memorandum supports that effort by providing


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                                             69994               Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Presidential Documents

                                                                                                 guidance that 1) emphasizes a data-driven approach in order to increase
                                                                                                 transparency and accountability at all levels; 2) takes into account leading
                                                                                                 practices, research, and experience from the private and public sectors;
                                                                                                 and 3) complements ongoing actions that agencies are taking pursuant to
                                                                                                 Executive Order 13583 and under the leadership of the Diversity and Inclu-
                                                                                                 sion in Government Council, including but not limited to efforts related
                                                                                                 to gender, race, ethnicity, disability status, veterans, sexual orientation and
                                                                                                 gender identity, and other demographic categories. This memorandum also
                                                                                                 supports Executive Order 13714 of December 15, 2015 (Strengthening the
                                                                                                 Senior Executive Service), by directing agencies to take additional steps
                                                                                                 to expand the pipeline of diverse talent into senior positions.
                                                                                                 This memorandum also aligns with congressional efforts to promote the
                                                                                                 diversity of the national security workforce, which have been reflected in
                                                                                                 legislation such as the:
                                                                                                   • Foreign Service Act of 1980, which urged 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 society’’;
                                                                                                    • Intelligence Reform and Terrorism Prevention Act of 2004, which called
                                                                                                 on the Intelligence Community to prescribe personnel policies and programs
                                                                                                 that ensure its personnel ‘‘are sufficiently diverse for purposes of the collec-
                                                                                                 tion and analysis of intelligence through the recruitment and training of
                                                                                                 women, minorities, and individuals with diverse ethnic, cultural, and lin-
                                                                                                 guistic backgrounds’’; and
                                                                                                    • National Defense Authorization Act for Fiscal Year 2013, which man-
                                                                                                 dated that the U.S. military develop and implement a plan to accurately
                                                                                                 measure the efforts of the military to ‘‘achieve a dynamic, sustainable level
                                                                                                 of members of the armed forces (including reserve components) that, among
                                                                                                 both commissioned officers and senior enlisted personnel of each armed
                                                                                                 force, will reflect the diverse population of the United States eligible to
                                                                                                 serve in the armed forces, including gender specific, racial, and ethnic
                                                                                                 populations.’’
                                                                                                 Promoting diversity and inclusion within the national security workforce
                                                                                                 must be a joint effort and requires engagement by senior leadership, managers,
                                                                                                 and the entire workforce, as well as effective collaboration among those
                                                                                                 responsible for human resources, equal employment opportunity, and diver-
                                                                                                 sity and inclusion issues. In implementing the guidance in this memorandum,
                                                                                                 agencies shall ensure their diversity and inclusion practices are fully inte-
                                                                                                 grated into broader succession planning efforts and supported by sufficient
                                                                                                 resource allocations and effective programs that invest in personnel develop-
                                                                                                 ment and engagement. Where appropriate, they shall also support, coordinate,
                                                                                                 and encourage research and other efforts by the Federal Government to
                                                                                                 expand the knowledge base of best practices for broadening participation
                                                                                                 and understanding the impact of diversity and inclusion on national security,
                                                                                                 including in the fields of science and technology.
                                                                                                 Therefore, by the authority vested in me as President by the Constitution
                                                                                                 and the laws of the United States of America, I hereby direct the following:
                                                                                                 Section 1. Collection, Analysis, and Dissemination of Workforce Data. Al-
                                                                                                 though collected data do not necessarily indicate the existence of barriers
                                                                                                 to equal employment opportunity, the collection and analysis of metrics
                                                                                                 allows agencies to assess their workforce talent gaps, as well as the effective-
                                                                                                 ness of their diversity and inclusion efforts and the adequacy of their re-
                                                                                                 sources to address these gaps. The dissemination of data to the public
                                                                                                 and to agency personnel may increase the transparency and accountability
                                                                                                 of their efforts. Accordingly, agencies in the national security workforce
                                                                                                 shall:
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                                                                                                    (a) Make aggregate demographic data and other information available
                                                                                                 to the public and broader workforce. Agencies shall make available to the
                                                                                                 general public information on the state of diversity and inclusion in their
                                                                                                 workforces. That information, which shall be updated at least once a year,
                                                                                                 shall include aggregate demographic data by workforce or service and grade


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                                                                 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Presidential Documents                      69995

                                                                                                 or rank; attrition and promotion demographic data; validated inclusion
                                                                                                 metrics such as the New Inclusion Quotient (New IQ) index score; demo-
                                                                                                 graphic comparisons to the relevant civilian labor force; and unclassified
                                                                                                 reports and barrier analyses related to diversity and inclusion. Agencies
                                                                                                 may publish data in proportions or percentages to account for classification
                                                                                                 concerns, and the Intelligence Community may publish a community-wide
                                                                                                 report with the data outlined in this section. In addition, agencies shall
                                                                                                 provide to their workforces, including senior leadership at the Secretary
                                                                                                 or Director level, a report that includes demographic data and information
                                                                                                 on the status of diversity and inclusion efforts no later than 90 days after
                                                                                                 the date of this memorandum and on an annual basis thereafter (or in
                                                                                                 line with existing annual reporting requirements related to these issues,
                                                                                                 if any).
                                                                                                   (b) Expand the collection and analysis of voluntary applicant flow data.
                                                                                                 Applicant flow data tracks the selection rate variances for job positions
                                                                                                 among different demographic categories and can assist agencies in examining
                                                                                                 the fairness and inclusiveness of their recruitment efforts. Agencies shall
                                                                                                 develop a system to collect and analyze applicant flow data for as many
                                                                                                 positions as practicable in order to identify future areas for improvement
                                                                                                 in attracting diverse talent, with particular attention to senior and manage-
                                                                                                 ment positions. The collection of data may be implemented in a phased
                                                                                                 approach commensurate with agency resources. Agencies shall include such
                                                                                                 analysis, including the percentage and level of positions for which data
                                                                                                 are collected, and any resulting policy changes or recommendations in the
                                                                                                 report required by section 1(a) of this memorandum.
                                                                                                    (c) Identify additional categories for voluntary data collection of current
                                                                                                 employees. The Federal Government provides minimum reporting categories
                                                                                                 for agencies collecting race and ethnicity information in the Office of Manage-
                                                                                                 ment and Budget’s (OMB) Statistical Policy Directive ‘‘Standards for Main-
                                                                                                 taining, Collecting, and Presenting Federal Data on Race and Ethnicity.’’
                                                                                                 That standard also encourages agencies to collect more detailed data, which
                                                                                                 can be compared by aggregating such data into minimum categories when
                                                                                                 necessary. Further, agencies may also collect additional demographic data,
                                                                                                 such as information regarding sexual orientation or gender identity. No
                                                                                                 later than 90 days after the date of this memorandum, agencies shall deter-
                                                                                                 mine whether they recommend the voluntary collection of more detailed
                                                                                                 demographic data on additional categories. This process shall involve close
                                                                                                 consultation with internal stakeholders, such as employee resource or affinity
                                                                                                 groups; clear communication with the workforce to explain the purpose
                                                                                                 of, legal protections related to, and anticipated use of such data; and adher-
                                                                                                 ence to relevant standards and guidance issued by the Federal Government.
                                                                                                 Any determinations shall be submitted to OMB, the Office of Personnel
                                                                                                 Management (OPM), the Equal Employment Opportunity Commission, and
                                                                                                 the Department of Labor for consideration.
                                                                                                 Sec. 2. Provision of Professional Development Opportunities and Tools Con-
                                                                                                 sistent with Merit System Principles. An inclusive work environment en-
                                                                                                 hances agencies’ ability to retain and sustain a strong workforce by allowing
                                                                                                 all employees to perform at their full potential and maximize their talent.
                                                                                                 Professional development opportunities and tools are key to fostering that
                                                                                                 potential, and each agency should make it a priority to ensure that all
                                                                                                 employees have access to them consistent with merit system principles.
                                                                                                 Agencies in the national security workforce shall therefore:
                                                                                                    (a) Conduct stay and exit interviews or surveys. Agencies shall conduct
                                                                                                 periodic interviews with a representative cross-section of personnel to under-
                                                                                                 stand their reasons for staying with their organization, as well as to receive
                                                                                                 feedback on workplace policies, professional development opportunities, and
mstockstill on DSK3G9T082PROD with O0




                                                                                                 other issues affecting their decision to remain. They shall also provide
                                                                                                 an opportunity for exit interviews or surveys of all departing personnel
                                                                                                 to understand better their reasons for leaving. Agencies shall include analysis
                                                                                                 from the interviews and surveys—including if and how the results of the
                                                                                                 interviews differ by gender, race and national origin, sexual orientation,


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                                             69996               Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Presidential Documents

                                                                                                 gender identity, disability status, and other demographic variables—and any
                                                                                                 resulting policy changes or recommendations in the report required by section
                                                                                                 1(a) of this memorandum.
                                                                                                    (b) Expand provision of professional development and career advancement
                                                                                                 opportunities. Agencies shall prioritize resources to expand professional de-
                                                                                                 velopment opportunities that support mission needs, such as academic pro-
                                                                                                 grams, private-public exchanges, and detail assignments to relevant positions
                                                                                                 in private or international organizations; State, local, and tribal governments;
                                                                                                 or other branches of the Federal Government. In addition, agencies in the
                                                                                                 national security workforce shall offer, or sponsor employees to participate
                                                                                                 in, an SES Candidate Development Program (CDP) or other programs that
                                                                                                 train employees to gain the skills required for senior-level agency appoint-
                                                                                                 ments. In determining which employees are granted professional develop-
                                                                                                 ment or career advancement opportunities, agencies shall ensure their SES
                                                                                                 CDP comports with the provisions of 5 C.F.R. part 412, subpart C, including
                                                                                                 merit staffing and assessment requirements. Agencies shall also consider
                                                                                                 the number of expected senior-level vacancies as a factor in determining
                                                                                                 the number of candidates to select for such programs. Agencies shall track
                                                                                                 the demographics of program participants as well as the rate of placement
                                                                                                 into senior-level positions for participants in such programs, evaluate such
                                                                                                 data on an annual basis to look for ways to improve outreach and recruitment
                                                                                                 for these programs consistent with merit system principles, and include
                                                                                                 such data in the report required by section 1(a) of this memorandum.
                                                                                                    (c) Institute a review process for security and counterintelligence determina-
                                                                                                 tions that result in assignment restrictions. For agencies in the national
                                                                                                 security workforce that place assignment restrictions on personnel or other-
                                                                                                 wise prohibit certain geographic assignments due to a security determination,
                                                                                                 these agencies shall ensure a review process exists consistent with the
                                                                                                 Adjudicative Guidelines for Determining Eligibility for Access to Classified
                                                                                                 Information, as well as applicable counterintelligence considerations. Agen-
                                                                                                 cies shall ensure that affected personnel are informed of the right to seek
                                                                                                 review and the process for doing so.
                                                                                                 Sec. 3. Strengthening of Leadership Engagement and Accountability. Senior
                                                                                                 leadership and supervisors play an important role in fostering diversity
                                                                                                 and inclusion in the workforce they lead and in setting an example for
                                                                                                 cultivating talent consistent with merit system principles. Toward that end,
                                                                                                 agencies in the national security workforce shall:
                                                                                                    (a) Reward and recognize efforts to promote diversity and inclusion. Agen-
                                                                                                 cies are strongly encouraged to consider implementing performance and
                                                                                                 advancement requirements that reward and recognize senior leaders’ and
                                                                                                 supervisors’ efforts in fostering an inclusive environment and cultivating
                                                                                                 talent consistent with merit system principles, such as through participation
                                                                                                 in mentoring programs or sponsorship initiatives, recruitment events, and
                                                                                                 other opportunities. They are also encouraged to create opportunities for
                                                                                                 senior leadership and supervisors to participate in outreach events and
                                                                                                 to discuss issues related to diversity and inclusion with the workforce on
                                                                                                 a regular basis, including with employee resource groups.
                                                                                                   (b) Collect and disseminate voluntary demographic data of external advi-
                                                                                                 sory committees and boards. For agencies in the national security workforce
                                                                                                 that have external advisory committees or boards to which their senior
                                                                                                 leadership appoints members, they are strongly encouraged to collect vol-
                                                                                                 untary demographic data from the members of committee and boards, and
                                                                                                 to include such data in the information and report required by section
                                                                                                 1(a) of this memorandum.
                                                                                                   (c) Expand training on unconscious bias, inclusion, and flexible work
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                                                                                                 policies. Agencies shall expand their provision of training on implicit or
                                                                                                 unconscious bias, inclusion, and flexible work policies and make implicit
                                                                                                 or unconscious bias training mandatory for senior leadership and manage-
                                                                                                 ment positions, as well as for those responsible for outreach, recruitment,
                                                                                                 hiring, career development, promotion, and security clearance adjudication.


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                                                                 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Presidential Documents                      69997

                                                                                                 The provision of training may be implemented in a phased approach com-
                                                                                                 mensurate with agency resources. Agencies shall also make available training
                                                                                                 for bureaus, directorates, or divisions whose inclusion scores, such as those
                                                                                                 measured by the New IQ index, consistently rank below the agency-wide
                                                                                                 average 3 or more years in a row. Agencies should give special attention
                                                                                                 to ensuring the continuous incorporation of research-based best practices,
                                                                                                 including those to address the intersectionality between certain demographics
                                                                                                 and job positions.
                                                                                                 Sec. 4. Reporting on Progress. No later than 120 days after the date of
                                                                                                 this memorandum, and on an annual basis thereafter, the Assistant to the
                                                                                                 President for National Security Affairs, in consultation with the Directors
                                                                                                 of OMB and OPM, shall report to the President on the progress of the
                                                                                                 national security workforce in implementing the requirements of this memo-
                                                                                                 randum, based on information provided by relevant departments and agen-
                                                                                                 cies.
                                                                                                 Sec. 5. General Provisions. (a) Nothing in this memorandum shall be con-
                                                                                                 strued to impair or otherwise affect:
                                                                                                    (i) the authority granted by law to an executive department, agency, or
                                                                                                    the head thereof, or the status of that department or agency within the
                                                                                                    Federal Government; or
                                                                                                   (ii) the functions of the Director of OMB relating to budgetary, administra-
                                                                                                   tive, or legislative proposals.
                                                                                                   (b) This memorandum shall be implemented consistent with applicable
                                                                                                 law, and subject to the availability of appropriations.
                                                                                                    (c) This memorandum is not intended to, and does not, create any right
                                                                                                 or benefit, substantive or procedural, enforceable at law or in equity by
                                                                                                 any party against the United States, its departments, agencies, or entities,
                                                                                                 its officers, employees, or agents, or any other person.
                                                                                                   (d) The Director of OPM is hereby authorized and directed to publish
                                                                                                 this memorandum in the Federal Register.




                                                                                                 THE WHITE HOUSE,
                                                                                                 Washington, October 5, 2016


                                             [FR Doc. 2016–24582
                                             Filed 10–6–16; 11:15 am]
                                             Billing code 6325–01–P
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Document Created: 2018-02-13 16:32:18
Document Modified: 2018-02-13 16:32:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionPresidential Documents
FR Citation81 FR 69993 

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