RE: S7-04-23, Safeguarding Advisory Client Assets Perception of the regulatory body affects compliance with your proposed rule. The states are making that what you're doing with your DEI initiatives Is illegal. In which states would you modify your behavior to comply, or would you violate the law? State Laws: 40 have been introduced. 7 have final legislative approval. 7 have become law. 29 have been tabled, failed to pass, or vetoed. Specifically: What Each DEI Bill Targets If Signed Into Law Alabama Under House Bill 7, public institutions in Alabama would be prohibited from promoting, endorsing, or requiring affirmation of certain "divisive concepts" relating to race, sex, or religion. The bill was introduced by Republican state Rep. Ed Oliver on Jan. 20, and as of May 31, HB 7 was indefinitely postponed. Arizona Under Senate Bill 1694, public colleges in Arizona would be prohibited from requiring an employee to engage with DEI programming; spending public funds on DEI programming or goods and services for a DEI program; and establishing and employing a DEI office. On April 4, the bill was passed in the Arizona House Rules Committee — its last step before it either is or isn't signed into law. Arkansas Arkansas' Senate Bill 71 would "end state-sponsored discrimination" by prohibiting state and local government agencies, including public universities, from using affirmative action programs. Additionally, race, sex, color, ethnicity, or national origin could no longer be considered in state employment, public education, and procurement. Violations would result in a Class A misdemeanor. Though the bill was approved in the Senate and sent to the House on March 9, it failed to pass in the House on April 5 and was returned to the Senate floor. On May 1, the bill died in the Senate. Florida Under House Bill 999 and its companion Senate Bill 266, public institutions in Florida are prohibited from funding the promotion, support, or maintenance of DEI programs; and from offering any general education course that "teaches identity politics, or is based on theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States." Though an amended version of SB 266 was presented in April removing all language referencing DEI due to concerns about the bill's potential impact on accreditation; SB 266 had its third reading on May 3, where language referencing DEI was reintroduced. It passed in the state Senate that same day and on May 15, the bill was signed into law by Gov. Ron DeSantis. DeSantis additionally signed one other bill targeting DEI initiatives at colleges in Florida on May 15. Under House Bill 931 and its companion Senate Bill 958, the state's public institutions are prohibited from giving preferential consideration for employment, admission, or promotion to individuals who show support for "any ideology or movement that promotes the differential treatment of a person or a group of persons based on race or ethnicity, including an initiative or a formulation of diversity, equity, and inclusion." Georgia Under Senate Bill 261, introduced on Feb. 27, public institutions in Georgia would have been prohibited from using "political litmus tests" in admissions and promotions within institutions. After being read and referred, the bill "died in the committee." Indiana Indiana's House Bill 1338 seeks to prohibit public institutions from requiring enrolled students from engaging "in any form of mandatory gender or sexual diversity training or counseling." The bill would additionally prohibit schools from requiring students to attend any student orientation, other training, or presentation "that presents information regarding race or sex stereotyping or bias on the basis of race or sex." HB 1338 was introduced on Jan. 17 by Republican state Rep. Shane Lindauer and is currently with the Committee of Education. Iowa Iowa's House File 616, the successor to House Study Bill 218, has been introduced and placed on the calendar for a first reading. If passed, the bill would prohibit colleges and universities governed by the Iowa state board of regents from funding diversity, equity, and inclusion offices and officers. This would not impact registered student organizations, offices solely engaged with new student recruitment, or any offices that are required to maintain contracts or agreements with a federal government agency. Kansas In March, Kansas legislators introduced two bills targeting DEI initiatives at schools in the state. Under House Bill 2460 the state's postsecondary education institutions would be prohibited from providing admission or aid to students based on their support (or opposition) to a political ideology. The second bill, SB 155, is a budget bill that would ban schools from enacting DEI practices in hiring decisions and spending state funds on requiring students, employees, or contractors to endorse DEI ideology. As of April 6, SB 155 passed in the House and the Senate. On April 6, SB 155 passed in the House and the Senate. However, Gov. Laura Kelly vetoed the parts of the budget bill related to higher education on April 20 and it was returned to the House floor. Louisiana Senate Bill 128 was introduced on April 10 by Republican State Sen. Jay Morris. The bill would have prohibited colleges and universities from providing any "preferential treatment" in the form of scholarships, grants, or financial aid to students based on their "race, sex, or national origin." The bill failed a vote out of committee prior to the end of the legislative session on June 8. Missouri Missouri's Senate Bill 410, if passed, would prohibit higher education institutions from requiring current students, applicants, instructors, or any other employees to answer questions about their ideologies surrounding diversity, equity, or inclusion. If the school is found to be in violation, they run the risk of losing funding, grants, and contracts. The bill specifically states that colleges and universities should not reduce the academic standards for "admission or advancement" in healthcare-related programs. House Bill 75, introduced Jan. 4 by Rep. Ann Kelley, would prohibit public schools and institutions of higher education from requiring students to "engage in any mandatory gender or sexual diversity training or counseling." Senate Bill 680 and House Bill 1196 both look to eliminate diversity statements in hiring faculty at public colleges and universities. Montana Introduced by State Representatives Trebas, Mitchell, and Bogner, Senate Bill 222 prohibits the "unlawful discriminatory practice" of diversity training as a condition of employment. The bill prohibits universities from compelling potential hires to believe a list of concepts, such as members of one class being superior to another class. Nebraska Sen. John Johnson, a Republican from North Ogden, introduced Senate Bill 283 in February, which aimed to prohibit diversity, equity, and inclusion offices and officers at public universities in Nebraska. After its first reading, the bill was changed into a study that requires the Education Interim Committee to conduct research on the benefits of diversity, equity, and inclusion programs in higher education. North Carolina On April 13, North Carolina Republicans introduced House Bill 607, which would prohibit institutions in the University of North Carolina system and public community colleges from asking prospective students and employees about their political or social beliefs. That bill has passed in the House and passed the first reading in the Senate on May 2. North Dakota Under Senate Bill 2247, signed into law on April 24, students, professors, and other employees of higher education institutions in North Dakota cannot be asked about their ideological or political viewpoints. Additionally, public institutions cannot conduct mandatory training that includes "specified concepts," like the belief that "an individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously." Ohio Under Ohio Senate Bill 83, private institutions would only receive funding from the chancellor of higher education if they comply with a list of commitments, including to intellectual diversity, freedom of speech, and syllabus compliance. Colleges in the state could not require DEI courses or training for students, faculty, and staff. They also would not be permitted to use "political or ideological litmus tests" in hiring or promoting faculty members. SB 83 now heads to the Ohio House, where hearings are underway on a companion piece of legislation. But as support grows among Republican politicians, opposition to the legislation continues to grow in Ohio's institutions of higher education. On June 15, Rep. Edwards, introduced into Ohio's two-year state budget plan several elements of Senate Bill 83. Ohio State's Board of Trustees issued a rare public statement Tuesday, saying SB 83 raised "important questions about 21st-century education," but the legislation as it's currently written could "undermine the shared governance model of universities, risk weakened academic rigor, or impose extensive and expensive new reporting mandates." Oklahoma On Jan. 19, Republican state legislators introduced two bills that would prohibit public colleges in Oklahoma from funding DEI offices and using "political tests" and diversity statements in the hiring process. Both SB 870 and SB 1008 had their second readings in February and are still going through the legislative process as of this month. Oregon Two nearly identical bills were introduced on January 9 in Oregon. House Bill 2430, sponsored by Rep. Wright, and House Bill 2475, sponsored by Rep. Wallan, both prohibit public educational institutions in Oregon from requiring or compelling students to believe "any race, ethnicity, color, sex, gender, religion or national origin is inherently superior or inferior to another." As of June 19, the two bills were still in the introductory phase. South Carolina South Carolina's House Bill 4289 and House Bill 4290 would ban public institutions from establishing mandatory diversity training and diversity statements and from using diversity statements for consideration in hiring and admissions practices. Both bills were introduced on April 6 and were referred to the Committee on Education and Public Works on the same day. South Dakota South Dakota's House Bill 1012 was signed into law by Gov. Kristi Noem in March 2022. The bill targets "divisive concepts," but does not restrict professors from teaching these subjects. Instead, it prohibits mandatory training or orientation about these concepts. Tennessee Under the two bills that are currently going through the legislative process in Tennessee, public colleges in the state would be prohibited from requiring DEI training and education to issue certain medical and health-related degrees and from using state funds to endorse or promote "divisive concepts." These "divisive" concepts were banned from teaching lessons under state law in 2022 and include beliefs that "Tennessee or the United States is fundamentally or irredeemably racist or sexist" and that "an individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex." Under House Bill 1376, students and employees can report professors who teach "divisive concepts" to their institutions. It passed on May 3. Senate Bill 102, passed on May 17, prohibits institutions of higher education from firing faculty members or employees for refusing to participate in implicit bias training. Texas So far in Texas, one bill has been signed into law: Senate Bill 17/ House Bill 5127. After the bill made its way through the Senate and the House throughout April and May, on June 14, Gov. Greg Abbott signed the bill into law. DEI offices, diversity training for students and employees, and "ideological oaths and statements" at public institutions in Texas will be banned beginning on January 1, 2024. Academic research and coursework can not be restricted from this bill. No later than December 1 each year, higher education institutions in Texas will be required to submit a report certifying their compliance with the law. Of the six remaining bills, each attempts to limit diversity, equity, and inclusion in higher education in some form, from banning funding for diversity offices and diversity training as a condition of enrollment for students to eliminating diversity statements from the hiring process. House Bill 3164 explicitly states that the elimination of diversity offices and officers at public universities cannot be used to constrict academic coursework, student organization activities, guest speakers, or physical and mental health services. Senate Bill 16 passed in the Senate on April 12, which would ban critical race theory teaching at the university level in Texas. As of April 24, the bill had been read for the first time in the House and referred to the Higher Education committee. Though HB 1, the State Budget bill, was passed in both the House and the Senate, the bill was returned to the House after the Senate made additional amendments to it. A conference committee created a compromise bill that would ban DEI practices and programs that do not comply with sections of the state constitution. The Senate approved the new report on May 26, and the House approved it the following day. The final version is currently sitting on Greg Abbott's desk for approval. Utah Under House Bill 451 and Senate Bill 283, public institutions in Utah would have been prohibited from funding or promoting DEI offices and requiring DEI statements from students, faculty, and staff for hiring or admissions practices. Both bills were introduced in February by Republican legislators, Rep. Katy Hall and Sen. John Johnson, respectively. While SB 283 was pulled before the end of the legislative session, HB 451 failed to pass by the session's end. West Virginia West Virginia's House Bill 3503, which failed to pass before the end of the state's legislative session, would eliminate any mandatory diversity training, including discussion, workshops, and guest speakers on cultural appropriation, transphobia, homophobia, social justice, and inclusive language. Here's your new strategic plan issued 9/14/23: U.S. Securities and Exchange Commission Strategic Plan Diversity, Equity, Inclusion and Accessibility FISCAL YEARS 2023–2026 Contents Message from the Chair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Diversity, Equity, Inclusion, and Accessibility Defined . . . . . . . . . 4 Guiding Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Goal: People . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Goal: Culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Goal: Mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Additional Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 FY 2023–FY 2026 STRATEGIC PLAN | 3 Message from the Chair CHAIR GARY GENSLER I am pleased to present the Securities and Exchange Commission’s Diversity, Equity, Inclusion, and Accessibility Strategic Plan for Fiscal Year (FY) 2023 through FY 2026. At the SEC, we work every day to protect investors and facilitate capital formation across the spectrum of communities that make America strong, including underserved communities. With respect to the middle part of our mission—to maintain fair, orderly, and efficient markets—fairness literally is embedded in our mission. In promoting fairness and efficiency, it is important that access to our more than $100 trillion capital markets is inclusive. It means that brokers and investment advisers provide services fairly and equitably across all communities. It means that entrepreneurs and companies of every size, including those from underrepresented communities, can tap into our capital markets to fund their ideas and innovations. It means that investors have access to the fair, full, and material information that they need to make informed investing decisions. Further, as discussed in the SEC’s Strategic Plan for FY 2022 through FY 2026—and mindful of the SEC’s three-part mission—one of our agency’s goals is to support a skilled workforce that is diverse, equitable, inclusive, and fully equipped to advance agency objectives. Gary Gensler 4 | DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY Diversity, Equity, Inclusion, and Accessibility Defined The psychological, physical, and social differences that occur among any and all individuals, including but not limited to: race, ethnicity, nationality, religion, socioeconomic status, education, marital status, language, age, gender, sexual orientation, and mental or physical ability. The consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to communities that have been denied such treatment. The actions and behaviors taken to create a culture that connects each employee to the organization; encourages collaboration, flexibility, and fairness; and leverages diversity throughout the organization at all levels so that all employees feel valued, trusted, and authentic. The design, construction, development, and maintenance of facilities, information and communication technology, programs, and services so that all people, including people with disabilities, can fully and independently use them. DIVERSITY EQUITY ACCESSIBILITY INCLUSION FY 2023–FY 2026 STRATEGIC PLAN | 5 DEIA Mission We recognize that diversity, equity, inclusion, and accessibility (DEIA) are the cornerstone to the U.S. Securities and Exchange Commission’s (SEC) three-part mission. As such, we champion and advance the ongoing efforts to educate our workforce about DEIA, further embed DEIA into all aspects of the SECs work, and create an environment of belonging and respectfulness. DEIA Vision To integrate DEIA as an agency priority that will support an inclusive culture where people from diverse backgrounds share ideas that impact not only our workplace and the financial services industry, but also the diverse communities that we serve. 6 | DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY Guiding Principles We recognize that meaningful and sustainable DEIA progress is an individual and collective responsibility, and that accountability helps catalyze action. Therefore, we are committed to holding ourselves, and each other, responsible for DEIA at the SEC and EMBRACE the guiding DEIA principles set forth below. EMPATHY: We treat others how they want to be treated, and not based on our own assumptions, by leaning into differences, making space for dialogue and change, being culturally aware, and remaining focused on inclusionary practices and behaviors. MEASURABILITY: We know that what gets measured gets done. We will create specific, measurable, and achievable goals that are designed to help fully integrate DEIA in the strategic decisionmaking of the agency, enhance organizational effectiveness, and meet future challenges. BIAS: We acknowledge that individual and institutional preferences may adversely impact underrecognized members of the agency and our community, regardless of intentions, and are committed to proactively reducing bias and building a culture of inclusion that is reflected in our workforce, workplace, and business operations. RESPECT: We have a deep appreciation and regard for the diversity of talents, ideas, experiences, and identities which encourages collaboration, inspires innovation, and empowers employees. ACCEPTANCE: We accept that diversity is a mission-critical strength, but alone, is not sufficient. Therefore, we are consistently working to provide a psychologically safe environment for all who come through our doors, regardless of individual identities. COLLABORATION: We are committed to centering DEIA in our efforts to collaborate, internally and externally, based on the understanding that it is the key to impact and sustainability. EQUITY: We are dedicated to maintaining fair treatment for all people, so that the norms, practices, and policies in place ensure identity is not predictive of opportunities or workplace outcomes. FY 2023–FY 2026 STRATEGIC PLAN | 7 Introduction The U.S. Securities and Exchange Commission (SEC) is pleased to share its 2023–2026 Diversity, Equity, Inclusion, and Accessibility (DEIA) Strategic Plan (Plan), which builds upon and advances our DEIA commitment and the successes of the FY 2020–2022 Diversity and Inclusion Strategic Plan. This Plan includes a DEIA framework structured around three primary pillars: People, Culture, and Mission. This Plan also provides a comprehensive approach that aligns with Goal 3 of the SEC Strategic Plan in supporting a skilled workforce that is diverse, equitable, and inclusive and is fully equipped to advance agency objectives. We recognize that fully implementing the Plan will take coordination, thoughtful planning, and time. However, because we understand that DEIA is integral to the success of protecting investors, maintaining fair, orderly, and efficient markets, and facilitating capital formation, we are committed to accomplishing the Plan’s strategies, goals, and actions. While the Office of Minority and Women Inclusion (OMWI), in partnership with Divisions and Offices across the agency, is leading this effort, DEIA and the human acts of exhibiting dignity, respect, and compassion toward our fellow colleagues and the public that we serve, are the collective responsibility of all employees. Because the SEC recognizes that a commitment to DEIA is critical to accomplishing its mission, the Plan will be reviewed annually to assess progress, and a full update to the Plan will be initiated every four years to either establish new, or revise existing, strategies and actions. 8 | DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY Goal: People Build Our Future Through Our People The SEC is committed to ensuring that we have a diverse workforce with the necessary skills to fulfill our mission. We recognize that we have an opportunity to support DEIA initiatives with the appropriate resources, recruit staff with the right mix of skills and expertise to contribute to the agency’s mission, identify and mitigate barriers to equitable career advancement and outcomes, and continue to innovate and include technology and processes that provide accessibility to career opportunities. PRIORITIES ACTIONS DIVERSITY Recruit staff with the right mix of skills and expertise, including those from underrecognized groups, in our missioncritical occupations. • Utilize outreach and recruitment strategies designed to draw from all segments of society. Strategies include collaborating with OMWI, OHR, Diversity Outreach Coordinators, and Diversity and Inclusion Committees to promote the recruitment of underrecognized groups in workforce and Senior Management of the agency. [All Divisions and Offices] • Evaluate ways to increase the completeness of, and participation in, voluntarily self-reported demographic data. [OEEO; OHR] • Develop and maintain strategic partnerships with historically black colleges and universities, Hispanic-serving institutions, women’s colleges and colleges that typically serve majority minority populations, and professional organizations serving underrecognized groups. [All Divisions and Offices] • Increase awareness for managers and supervisors on special hiring authorities. [OHR; All Managers and Supervisors] EQUITY Identify and mitigate barriers to equitable career advancement and outcomes. • Conduct and share barrier analyses agency-wide to identify and address potential barriers to hiring and career advancement. [OEEO; OHR; OMWI] • Track and monitor diversity data through the Diversity Dashboard and data briefings. [All Divisions and Offices] • Promote and/or participate in DEIA training specifically for managers and supervisors surrounding hiring and advancement. [OGC; OHR/SECU; OMWI; All Managers and Supervisors] • Promote and/or participate in leadership development programs to increase the SEC’s internal pipeline, including those from underrecognized groups. [OHR; All Managers and Supervisors; All Employees] INCLUSION Strengthen the SEC’s brand so that all divisions and offices are considered an employer of choice for all communities. • Leverage outreach activities to promote the SEC’s brand as an employer of choice by increasing transparency surrounding the SEC’s DEIA priorities, actions, programs, and initiatives. [All Divisions and Offices] • Extend the use of social media to promote and advertise SEC vacancies, financial literacy programs, etc., including to limited English proficient communities throughout the nation. [OPE] ACCESSIBILITY Innovate and include technology and processes to ensure accessibility to career opportunities. • Continue to increase the representation of persons with disabilities across all applicant pools through effective outreach and recruitment efforts including use of the Schedule A hiring authority. [OHR; All Managers and Supervisors] • Leverage the Schedule A hiring authority for people with disabilities by providing hiring managers a list of eligible applicants before vacancy announcements are posted. [OHR; All Managers and Supervisors] • Evaluate communications technology used during recruiting, hiring, and onboarding processes to identify barriers that may impact underrecognized groups, particularly people with disabilities. [OHR; OIT; OMWI] FY 2023–FY 2026 STRATEGIC PLAN | 9 Goal: Culture Foster a Culture of Inclusivity, Connectedness, and Belonging At the SEC, we strive to create an environment where all employees feel respected, safe to speak-up, and encouraged to grow. Ultimately, these foundational attributes help to fuel motivation at work, support our customers and communities, and foster a culture of inclusivity, connectedness, and belonging. PRIORITIES ACTIONS DIVERSITY Empower and leverage diverse perspectives. • Ensure Division/Office Directors develop and implement an organizational DEIA Action Plan, in partnership with OMWI, to promote increased diversity in the workforce and inclusionary practices, such as mission-related policies and practices. [All Divisions and Offices] • Utilize Federal Employee Viewpoint Survey results to take an evidence-based approach to advance a culture of inclusivity. [All Divisions and Offices] • Require that Senior Officer and Manager Performance Self-Assessments include DEIA in all performance elements. [OHR; All Divisions and Offices] EQUITY Create a work environment founded on the consistent and systemic fair, just, and impartial treatment of all, including individuals who belong to communities that have been previously denied such treatment. • Reinforce workplace practices that support work-life balance, intentional collaboration, and equitable opportunities in a hybrid work environment. [OEEO; OHR; OMWI; All Divisions and Offices] INCLUSION Continue to cultivate an inclusive culture by fostering a psychologically safe workplace, as a shared responsibility, that does not tolerate harassment, bullying, or other forms of discrimination or retaliation. • Review and update policies and practices regarding anti-harassment, bullying, and other forms of discrimination or retaliation, as needed. [OEEO] • Promote mechanisms for reporting misconduct, including anonymous reporting. [OEEO; OIG] • Continue to offer trainings that bring awareness to DEIA-related topics (e.g., microaggressions, bystander intervention, inclusion, and belonging). [OEEO; OHR/SECU; OMWI] • Promote and support participation in employee affinity groups and special emphasis programs to highlight the importance of DEIA and cultivate cultural awareness. [All Managers and Supervisors; All Employees] • Proactively communicate the importance of DEIA as an organizational value to promote awareness and the collective ownership/shared responsibility of DEIA across the workforce, including at new employee orientation and through recognition of individuals’ contributions to DEIA. [OMWI; All Managers and Supervisors; All Employees] ACCESSIBILITY Reduce structural and attitudinal barriers to accessibility by fostering greater respect and a culture of accessibility for all people, including people with disabilities. • Develop and disseminate guidance on existing resources and support to promote accessibility and disability inclusion. [OCOO; OEEO; OHR; OIT; OMWI; OSO] • Integrate accessibility (interpreters, etc.) into events (hybrid, in-person, or virtual). [All Division and Offices] • Develop communications to supervisors and managers for increasing awareness and sensitivity to persons with disabilities, including non-visible disabilities. [OEEO; All Managers and Supervisors] • Increase awareness and tools about the reasonable accommodations program. [OHR] • Increase awareness and tools about the 508-compliance requirement for materials, including contract deliverables. [OCOO; OEEO; OHR; OIT; OPA] • Increase awareness of religious accommodation policies across the SEC. [OHR] 10 | DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY Goal: Mission Leverage DEIA for Mission Effectiveness Leveraging DEIA is a strategic business priority that enables us to better protect investors, maintain a fair, orderly, and efficient market, and facilitate capital formation. By embedding DEIA into all aspects of the SEC, we are better situated to effectively meet the current and future needs of a changing—and increasingly diverse—world. PRIORITIES ACTIONS DIVERSITY Include diverse perspectives in implementing core mission work. • Provide opportunities for underrecognized groups to serve on SEC Advisory Committees and Task Forces. [Nominating Committees; Chair’s Office; Commissioners; OMWI; All Divisions and Offices] • Expand opportunities for underrecognized groups’ perspectives to be considered in rulemaking and regulatory policy processes. [Chair’s Office; All Divisions and Offices] • Establish a DEIA Executive Advisory Council, led by OMWI, and composed of Division and Office Executives. The Executive Advisory Council will establish a dedicated focus on DEIA priorities, create strategic accountability for results, and promote agency-wide communication on progress. [OMWI] EQUITY Embed critical thinking surrounding unintended consequences, adverse impact, and inclusive analytical tools when carrying out core mission work. • Develop processes to ensure that the analysis for all regulatory matters includes consideration of underrecognized groups and analysis of potential unintended consequences of proposed regulatory action. [Chair’s Office; OGC; OWB; All Divisions] INCLUSION Empower underrecognized and minority stakeholders in the SEC’s business activities (Minority- and WomenOwned Businesses, Supplier Diversity, Contracts, Receiverships). • Develop processes to provide underrecognized groups with opportunities to participate in SEC business opportunities. [CF; ENF; OA; OASB; OIEA; OIT; OMWI] • Develop processes to ensure that underrecognized groups are afforded the opportunity to provide feedback and input on the existing Supplier Diversity Program. [OA; OMWI] • Establish procedures to ensure that underrecognized groups are afforded opportunities to participate in SEC programs and advisory committee sessions. [CF; OASB; OIA; OMWI; All Divisions and Offices] • Educate and promote the benefits and importance of DEIA efforts with regulated entities in the financial services industry as well as sharing of best practices through the Diversity Assessment Report process and external outreach and engagement. [Chair’s Office; OMWI; All Divisions and Offices] ACCESSIBILITY Ensure SEC communications and services are accessible to the diverse public that we serve. Websites (508 and multiple languages), DERA analysis, technology. • Develop, implement, and communicate procedures to ensure that all stakeholders have access to SEC facilities, resources, programs, and events. [OHR; OIT; OMWI; OSO; All Divisions and Offices] • Develop procedures to ensure that SEC external websites are accessible to all stakeholders and that barriers to access (e.g., language, technology) are removed. [OIT, OPA; OS] FY 2023–FY 2026 STRATEGIC PLAN | 11 Additional Definitions ACCOUNTABILITY: defining personal and collective responsibility and delivering upon an organizational mission, values, and goals in a manner that is transparent and trustworthy. ALLY: person in a dominant position of power actively working in solidarity with individuals who do not hold that same power, or with whom they do not share a social identity, to end oppressive systems and practices. In the context of racial justice, allyship often refers to white people working to end the systemic oppression of people of color.1 BELONGING: a subset of inclusion. When people of all backgrounds feel, heard, seen, and recognized.2 BIAS: an inclination, feeling, or opinion, especially one that is preconceived or unreasoned. Biases are unreasonably negative feelings, preferences, or opinions about a social group. It is grounded in stereotypes and prejudices.3 CULTURE: values, beliefs, traditions, behavioral norms, linguistic expression, knowledge, memories, and collective identities that are shared by a group of people and give meaning to their social environments. Culture is learned and inherited behavior that distinguishes members of one group from another group. Culture is not static and can change over time.4 1 Patel, V.S. (2011). Moving toward an inclusive model of allyship for racial justice. The Vermont Connection, 32, 78-88; Reason, R., Millar, E.A., & Scales, T.C. (2005). Toward a model of racial justice ally development. Journal of College Student Development, 46(5), 530-546. 2 DEI vs. DEIB: Why Belonging is Critical to Your DEI Strategy. https://powertofly.com/up/dei-vs-deib-why-belonging-is-criticalto-your-dei-strategy. 3 Bias (n.d.). American Psychological Association Dictionary. Retrieved September 3, 2020, from https://dictionary.apa.org/bias.; Friarman, S.E. (2016). Unconscious bias: when good intentions aren’t enough. Educational Leadership, 74(3), 10-15; Moule, J. (2009). Understanding unconscious bias and unintentional racism. Phi Delta Kappan (January), 320-326. 4 Abu-Lughod, L. (1991). Writing against culture. In R.G. Fox (Ed.); Recapturing Anthropology: Working in the Present (pp. 137-162). Santa Fe: School of American Research Press; Culture (n.d.). American Sociological Association. Retrieved September 3, 2020, from https://www.asanet.org/topics/culture. 12 | DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY CULTURAL COMPETENCE: the ability to honor and respect the beliefs, language, interpersonal styles, and behaviors of those receiving and providing services. Individuals practicing cultural competency have knowledge of the intersectionality of social identities and the multiple axes of oppression that people from different racial, ethnic, and other minority groups face. Individuals striving to develop cultural competence recognize that it is a dynamic, ongoing process that requires a long-term commitment to learning. In the context of education, cultural competence refers to the ability to successfully teach students who come from cultures other than one’s own. It entails developing personal and interpersonal awareness and sensitivities, learning specific bodies of cultural knowledge, and mastering a set of skills for effective cross-cultural teaching.5 CULTURAL HUMILITY: a lifelong commitment to self-evaluation and self-critique, and to redressing the power imbalances that exist in our society. Additionally, an appreciation of the lived experiences of others is a central element of focus. ETHNICITY: a social category that divides people into smaller social groups based on characteristics such as shared sense of group membership, values, behavioral patterns, language, political and economic interests, history, and ancestral geographical base. Examples of different ethnic groups are Cape Verdean, Haitian, African American (Black); Chinese, Korean, Vietnamese (Asian); Cherokee, Mohawk, Navaho (Native American); Cuban, Mexican, Puerto Rican (Latino); Polish, Irish, and Swedish (White). GENDER: socially constructed roles, behavior, activities, and attributes that society considers “appropriate” for men and women. Is separate from “sex,” which is the biological classification of male or female based on physiological and biological features. A person’s gender may not necessarily correspond to their birth assigned sex or be limited to the gender binary (woman/man).6 5 Denboba, D. (1993). MCHB/DSCSHCN Guidance for Competitive Applications, Maternal, and Child Health Improvement Projects for Children with Special Health Care Needs. U.S. Department of Health and Human Services, Health Services and Resources Administration; Moule, J. (2012) Cultural competence: A primer for educators; Wadsworth Cengage Learning; Rothman, J.C. (2008). Cultural competence in process and practice: Building bridges. 6 Torgrimson, B.N., & Minson, C.T. (2005). Sex and gender: What is the difference? Journal of Applied Physiology, 99 (3) 785-787. https://doi.org/10.1152/japplphysiol.00376.2005. FY 2023–FY 2026 STRATEGIC PLAN | 13 GENDER IDENTITY: one’s internal sense of being a man, woman, both, in between, or outside of the gender binary which may or may not correspond with sex assigned at birth. Gender identity is internal and personally defined; it is not visible to others, which differentiates it from gender expression (i.e., how people display their gender to the world around them).7 IMPLICIT BIAS: bias that results from the tendency to process information based on unconscious associations and feelings, even when these are contrary to one’s conscious or declared beliefs.8 INTERSECTIONALITY: complex ways in which individuals hold many marginal group affiliations at the same time. These identities can combine, overlap, or intersect in a person or group resulting in multiple, interdependent systems of discrimination or oppression (for example a black woman, a poor Indigenous person, or a gay person with a disability). Thus, the intersectional experience of one person or group is greater than the sum of the individual forms of discrimination or disadvantage. MICROAGGRESSIONS: brief and commonplace daily verbal, behavioral and environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory or negative slights and insults that potentially have harmful or unpleasant psychological impact on the target person or group.9 RACE: a racial or ethnic group that is generally recognized in society and often by the government. When referring to those groups, we often use the terminology “people of color” or “communities of color” (or a name of the specific racial and/or ethnic group) and “white.” We also understand that racial and ethnic categories differ internationally, and that many local communities are international communities. In some societies, ethnic, religious and caste groups are oppressed and racialized. These dynamics can occur even when the oppressed group is numerically in the majority. 7 Baum, J. & Westheimer, K. Sex? Sexual orientation? Gender identity? Gender expression? (2015). Teaching Tolerance. 8 Harrison-Bernard, L. M., Augustus-Wallace, A. C., Souza-Smith, F. M., Tsien, F., Casey, G. P., & Gunaldo, T. P. (2020). Knowledge gains in a professional development workshop on diversity, equity, inclusion, and implicit bias in academia. Advances in Physiology Education, 44(3), 286 294. https://doi.org/10.1152/advan.00164.2019. 9 Solorzano, D., Ceja, M., & Yosso, T. (2000). Critical race theory, racial microaggressions, and campus racial climate: The experiences of African American college students. The Journal of Negro Education, 696. 14 | DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY SEX: the biological classification of male or female based on physiological and biological features. A person’s sex may differ from their gender identity.10 TRANSGENDER: an umbrella term for people whose gender identity and/or gender expression differs from their assigned sex at birth (i.e., the sex listed on their birth certificates). Transgender people may or may not choose to alter their bodies through the use of hormones and/or gender affirmation surgery. Transgender people may identify with any sexual orientation, and their sexual orientation may or may not change before, during, or after transition. Use of the terms “trans” or “transgender,” are acceptable. “Transgendered” is not appropriate.11 UNDERRECOGNIZED GROUPS: populations sharing a particular characteristic, as well as geographic communities, who have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life. In the context of the Federal workforce, this term includes individuals who belong to communities of color, such as Black and African American, Hispanic and Latino, Native American, Alaska Native and Indigenous, Asian American, Native Hawaiian and Pacific Islander, Middle Eastern, and North African persons. It also includes individuals who belong to communities that face discrimination based on sex, sexual orientation, and gender identity (including lesbian, gay, bisexual, transgender, queer, gender non-conforming, and non-binary (LGBTQ+) persons); persons who face discrimination based on pregnancy or pregnancy-related conditions; parents; and caregivers. It also includes individuals who belong to communities that face discrimination based on their religion or disability; first-generation professionals or first-generation college students; individuals with limited English proficiency; immigrants; individuals who belong to communities that may face employment barriers based on older age or former incarceration; persons who live in rural areas; veterans and military spouses; and persons otherwise adversely affected by persistent poverty, discrimination, or inequality. Individuals may belong to more than one underrecognized community and face intersecting barriers.12 10 Department of Epidemiology. (2017). Equity, Diversity, and Inclusion Committee. University of Washington School of Public Health. Retrieved August 5, 2020, from https://epi.washington.edu/sites/default/files/DEI%20Glossary%20Word.pdf. 11 Department of Epidemiology. (2017). Equity, Diversity, and Inclusion Committee. University of Washington School of Public Health. Retrieved August 5, 2020, from https://epi.washington.edu/sites/default/files/DEI%20Glossary%20Word.pdf. 12 https://www.whitehouse.gov/briefing-room/presidential-actions/2021/06/25/executive-order-on-diversity-equity-inclusion-andaccessibility-in-the-federal-workforce/. U.S. Securities and Exchange Commission Washington, DC This is obviously out of compliance with several state laws, and the recent supreme court ruling https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf. How do you plan to repair these defects as they relate to the proposed rule? Also, the comment period you've provided is far too short considering the roughly 300 pages you've given us to digest. You've also failed to include critical information that we need to make effective analysis and commentary. Thus, you're in violation of the APA.