[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] DIVERSITY IN THE BOARDROOM: EXAMINING PROPOSALS TO INCREASE THE DIVERSITY OF AMERICA'S BOARDS ======================================================================= HEARING BEFORE THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ JUNE 20, 2019 __________ Printed for the use of the Committee on Financial Services Serial No. 116-33 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] __________ U.S. GOVERNMENT PUBLISHING OFFICE 39-494 PDF WASHINGTON : 2020 -------------------------------------------------------------------------------------- HOUSE COMMITTEE ON FINANCIAL SERVICES MAXINE WATERS, California, Chairwoman CAROLYN B. MALONEY, New York PATRICK McHENRY, North Carolina, NYDIA M. VELAZQUEZ, New York Ranking Member BRAD SHERMAN, California PETER T. KING, New York GREGORY W. MEEKS, New York FRANK D. LUCAS, Oklahoma WM. LACY CLAY, Missouri BILL POSEY, Florida DAVID SCOTT, Georgia BLAINE LUETKEMEYER, Missouri AL GREEN, Texas BILL HUIZENGA, Michigan EMANUEL CLEAVER, Missouri SEAN P. DUFFY, Wisconsin ED PERLMUTTER, Colorado STEVE STIVERS, Ohio JIM A. HIMES, Connecticut ANN WAGNER, Missouri BILL FOSTER, Illinois ANDY BARR, Kentucky JOYCE BEATTY, Ohio SCOTT TIPTON, Colorado DENNY HECK, Washington ROGER WILLIAMS, Texas JUAN VARGAS, California FRENCH HILL, Arkansas JOSH GOTTHEIMER, New Jersey TOM EMMER, Minnesota VICENTE GONZALEZ, Texas LEE M. ZELDIN, New York AL LAWSON, Florida BARRY LOUDERMILK, Georgia MICHAEL SAN NICOLAS, Guam ALEXANDER X. MOONEY, West Virginia RASHIDA TLAIB, Michigan WARREN DAVIDSON, Ohio KATIE PORTER, California TED BUDD, North Carolina CINDY AXNE, Iowa DAVID KUSTOFF, Tennessee SEAN CASTEN, Illinois TREY HOLLINGSWORTH, Indiana AYANNA PRESSLEY, Massachusetts ANTHONY GONZALEZ, Ohio BEN McADAMS, Utah JOHN ROSE, Tennessee ALEXANDRIA OCASIO-CORTEZ, New York BRYAN STEIL, Wisconsin JENNIFER WEXTON, Virginia LANCE GOODEN, Texas STEPHEN F. LYNCH, Massachusetts DENVER RIGGLEMAN, Virginia TULSI GABBARD, Hawaii ALMA ADAMS, North Carolina MADELEINE DEAN, Pennsylvania JESUS ``CHUY'' GARCIA, Illinois SYLVIA GARCIA, Texas DEAN PHILLIPS, Minnesota Charla Ouertatani, Staff Director C O N T E N T S ---------- Page Hearing held on: June 20, 2019................................................ 1 Appendix: June 20, 2019................................................ 53 WITNESSES Thursday, June 20, 2019 Akutagawa, Linda, President and CEO, Leadership Education for Asian Pacifics (LEAP) and Chair, Alliance for Board Diversity.. 9 Creary, Stephanie J., Assistant Professor of Management, The Wharton School of the University of Pennsylvania............... 12 Gurkin, Chelsa, Acting Director, Education, Workforce, and Income Security, U.S. Government Accountability Office (GAO).......... 4 Lumbra, Ron, Managing Partner, Centers of Excellence, and Partner, CEO & Board Practice, Heidrick & Struggles............ 7 Martinez, Ambassador Vilma (Ret.), on behalf of the Latino Corporate Directors Association (LCDA)......................... 11 Visconti, Luke, Founder and Chairman, DiversityInc............... 6 APPENDIX Prepared statements: Akutagawa, Linda............................................. 54 Creary, Stephanie J.......................................... 57 Gurkin, Chelsa............................................... 64 Lumbra, Ron.................................................. 86 Martinez, Ambassador Vilma................................... 89 Visconti, Luke............................................... 94 Additional Material Submitted for the Record Waters, Hon. Maxine: Written statement of Catalyst................................ 96 Written statement of DiverseForce............................ 97 Written statement of The Executive Leadership Council........ 100 Written statement of the National Bankers Association........ 103 DIVERSITY IN THE BOARDROOM: EXAMINING PROPOSALS TO INCREASE THE DIVERSITY OF AMERICA'S BOARDS ---------- Thursday, June 20, 2019 U.S. House of Representatives, Committee on Financial Services, Washington, D.C. The committee met, pursuant to notice, at 10:06 a.m., in room 2128, Rayburn House Office Building, Hon. Maxine Waters [chairwoman of the committee] presiding. Members present: Representatives Waters, Maloney, Sherman, Meeks, Clay, Scott, Green, Cleaver, Perlmutter, Foster, Beatty, Vargas, Gottheimer, Tlaib, Axne, Casten, Ocasio-Cortez, Adams, Dean, Garcia of Illinois, Garcia of Texas, Phillips; McHenry, Wagner, Lucas, Posey, Luetkemeyer, Huizenga, Duffy, Stivers, Barr, Tipton, Williams, Hill, Loudermilk, Mooney, Davidson, Kustoff, Hollingsworth, Gonzalez of Ohio, Rose, Steil, Gooden, and Riggleman. Chairwoman Waters. The Committee on Financial Services will come to order. Without objection, the Chair is authorized to declare a recess of the committee at any time. Today's hearing is entitled, ``Diversity in the Boardroom: Examining Proposals to Increase the Diversity of America's Boards.'' I now recognize myself for 4 minutes to give an opening statement. Today, this committee convenes for a hearing on the lack of racial, ethnic, and gender diversity on Federal and corporate boards. Strong diversity in the boardroom is critical to continued U.S. competitiveness and to ensuring that consumers of all backgrounds are served and not excluded. Unfortunately, corporate and Federal boards are not living up to their responsibility to reflect America's rich diversity. According to the Alliance for Board Diversity, over 80 percent of new board directors at Fortune 500 companies in 2017 were white males. The Federal Government also has a long way to go. For example, our own Federal Reserve System has been in existence since 1913, but it wasn't until 2017 that Raphael Bostic became the very first African American and first openly gay man to serve as a Federal Reserve Bank President. At the same time, America continues to become more demographically diverse. According to the 2018 census projections, youthful minorities will be the leading source of future workers, taxpayers, and consumers. In our May 1st Diversity and Inclusion Subcommittee hearing entitled, ``Good for the Bottom Line: A Review of the Business Case for Diversity and Inclusion,'' we set the record straight that highly inclusive companies outperform their competitors, rate themselves 170 percent better at innovation, and generate 1.4 times more revenue. Despite the clear benefits of inclusivity and diversity, white males still remain in the majority of seats on corporate and Federal boards. Women of color, in particular, have been excluded from participation on boards, although some reports show that the percentages of women on boards may be increasing. The raw numbers reveal that compared to white males and white women, African American, Asian, and Latino women still have the fewest seats. In order to understand these trends, we must continue to have access to board diversity data. Diversity is one of the best investments a company can make. Diverse boards intentionally guide companies and industry toward business solutions that maximize returns on that diversity investment. Before us today are witnesses who can share perspectives on the status of board demographics. I look forward to drilling down on the current state of board diversity and discussing solutions so that more women and minorities can be appointed to board seats. I now recognize the ranking member of the committee, the gentleman from North Carolina, Mr. McHenry, for 2 minutes for an opening statement. Mr. McHenry. Thank you, Chairwoman Waters. Thank you for your leadership on this very important issue. I want to start by thanking the ranking member of the Subcommittee on Diversity and Inclusion, Mrs. Wagner, for all her work. She and her colleagues on the subcommittee have spent a great deal of time gathering information about diversity and inclusion in our jurisdiction. I also want to commend Chairwoman Waters and Chairwoman Beatty for their leadership on these issues as well. It is extremely important to increase the diversity inclusion of American boardrooms. Pursuing more diverse boards is the right thing to do as a matter of economic interest for these institutions, but there is also a good reason for corporate leaders to prioritize diversity. Research shows that when you have a more diverse array of inputs, you actually get better outcomes. Wider experience and perspectives actually lead to better decision-making and risk management. The statistics show that women and minorities continue to be underrepresented, though. Women and minorities only hold approximately 38 percent of board positions at America's top 100 companies. While we have made progress, progress does not mean we have arrived. Progress does not mean we have completed the job. We have a lot more work to do in order to ensure that we have diverse boardrooms and diverse decision-making at the top level and all levels of corporate America. We are fortunate today to have witnesses who can share the strategies that have been effective. Nominating committees cannot simply rely on a pile of resumes from C-suite social networks and personal relationships. Recruiting more diverse board members is only part of the challenge. Dr. Stephanie Creary, who is testifying today, interviewed board directors across a variety of industries and found that the board's culture is also critically important. I look forward to hearing about Dr. Creary's research today and to hearing from the distinguished panel. And with that, I yield back. Chairwoman Waters. Thank you. I now recognize the Chair of our Subcommittee on Diversity and Inclusion, Mrs. Beatty, for 1 minute. Mrs. Beatty. Thank you, Chairwoman Waters, for examining diversity in the boardroom. It is simple: America's boards should be more representative of our rich, diverse culture. According to research, greater diversity in leadership leads to better possibility, more financial stability, and creates better gains for shareholders. It is in that spirit that I am honored to have this point of personal privilege to introduce a good friend of mine, Skip Spriggs III, the president and CEO of the powerful Executive Leadership Council, who is here today with his colleagues. His organization of some 300 Fortune 1,000 companies leads the efforts to increase the number of global black executives in C- suites and on corporate boards. We are honored that he and his colleagues have pledged their support to help us with this movement. With that, I yield back. And thank you, Madam Chairwoman. Chairwoman Waters. Thank you very much. I now recognize the ranking member of the Diversity and Inclusion Subcommittee, the gentlewoman from Missouri, Mrs. Wagner. Mrs. Wagner. Thank you, Ranking Member McHenry, and thank you, Chairwoman Waters, for holding this hearing today. Chairwoman Beatty and I have been speaking with many experts versed in these issues and are proud of the steps that financial services leaders are taking to ensure that workforces are more diverse and inclusive. Many of the most successful corporations in the financial sector and throughout the economy are proactively seeking to improve the diversity of their workforce. It is the right thing to do and a highly effective way to increase innovation and profitability. Studies continue to show that diverse corporations outperform their less diverse competitors. We must continue to treat diversity and inclusion as complementary, but separate, issues. Although a company may be able to increase recruitment, it is also critically important to focus efforts on making sure an environment is inclusive for retention purposes. More can be done in both areas, but it is encouraging to see that more corporations are taking on this mission. Efforts to diversify should include entry level positions all the way through executive and director-level positions. My goal today will be to identify the conditions that lead to meaningful diversity and uncover best practices so more companies can follow the lead of the firms that have already been successful on this front. I look forward to hearing about strategies for improving diversity and inclusion, and I am proud, very proud, of this committee for examining these very important issues. I welcome our witnesses, one and all, and look forward to their testimony. I thank you, Madam Chairwoman, and I yield back the balance of my time. Chairwoman Waters. Thank you very much. I would like to welcome today's distinguished panel: Ms. Chelsa Gurkin, acting Director, Education, Workforce and Income Security Team, U.S. Government Accountability Office; Mr. Luke Visconti, founder and chairman, DiversityInc; Mr. Ron Lumbra, managing partner, Heidrick and Struggles; Ms. Linda Akutagawa, Chair, Alliance for Board Diversity; Ambassador Vilma Martinez, who represented the United States in Argentina from 2009 to 2013, and has served on numerous corporate boards and public commissions; and Dr. Stephanie Creary, assistant professor of management, Wharton School of Business, University of Pennsylvania. Without objection, all of your written statements will be made a part of the record. Each of you will have 5 minutes to summarize your testimony. When you have 1 minute remaining, a yellow light will appear. At that time, I would ask you to wrap up your testimony so we can be respectful of both the witnesses' and the committee members' time. Ms. Gurkin, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF CHELSA GURKIN, ACTING DIRECTOR, EDUCATION, WORKFORCE, AND INCOME SECURITY, U.S. GOVERNMENT ACCOUNTABILITY OFFICE (GAO) Ms. Gurkin. Chairwoman Waters, Ranking Member McHenry, and members of the committee, thank you for the opportunity to share GAO's work on strategies to increase diversity on boards of directors. Over the years, GAO has worked with the Financial Services Committee to share information on progress for minorities and women in the financial services industry. I look forward to continuing to work with you and with today's witnesses to address the challenges to increasing board diversity and identify strategies to boost representation. Boards of directors make decisions that affect the lives of millions of employees and consumers, and influence the policies and practices of the global marketplace. Research suggests that diversity in the workplace can help organizations better identify and address risks, provide innovative solutions to complex problems, and enhance the quality of decision-making and monitoring. My statement today draws primarily from two key GAO reports on board diversity: one of the reports examines the representation of women on corporate boards; and the other examines the representation of women and minorities on the Federal Home Loan Bank boards. I will discuss the challenges we found that contribute to fewer women and minorities on corporate and Federal Home Loan Bank boards and the strategies that we identified to address them. It is well known that women and minorities have fewer seats at the table when some of the most important decisions are being made in corporate America. Our analysis in 2015 of corporate boards found that while women's representation on corporate boards had increased, it would likely take decades before women and men had an equal number of seats in America's boardrooms. We also found that while the share of women on the 11 Federal Home Loan Bank boards across the country increased from 2015 to 2018, women still comprise less than one-fourth of all of those directors. We found a similar increase in the number of Federal Home Loan Bank Directors from minority groups, including African American, Hispanic, and Asian, but they also made up only a small portion of all board seats. To understand these trends and to identify what can be done to increase the representation of women and minorities on boards, we spoke with industry representatives, board members, and with other stakeholders. We found three key barriers to increasing board diversity and a number of strategies that could help overcome them. First, organizations were not always prioritizing diversity in their board recruiting efforts. Second, organizations looked to the traditional CEO pipeline for potential board candidates, often overlooking other talent pools of potentially qualified directors. And third, few board seats open up each year. For each of these three broad challenges, we identified a number of strategies that could address them, and along the way we heard from industry representatives and others that there was no silver bullet, no one-size-fits-all solution to these challenges. They said boards should pursue diversity using whichever strategies best suit their organization. While industry officials we spoke with generally agreed on the potential benefits of having more diverse boards, they also identified some advantages and disadvantages to the specific strategies discussed today. However, despite the strategy employed, stakeholders generally agreed that without an intentional and deliberate commitment to increasing diversity, increased representation on boards would remain slow. Among the strategies we identified was that boards could prioritize diversity by requiring a diverse slate of candidates any time a board position became available, for example, a slate would have to include a number of women for consideration. Boards could look beyond their traditional CEO candidates and recruit talent from other senior level positions, for example, accounting or legal executives or from other institutions like academia. And boards could consider increasing their size, either permanently or temporarily, to overlap with long-tenured board members or as a tool for succession planning and to create more opportunities for women and minorities to join. Many stakeholders we interviewed supported improving disclosure requirements to include more specific information on board diversity. These disclosures not only increased the transparency, but they demonstrated the board's commitment to diversity to their investors and to the public. I look forward to further discussing strategies to increase board diversity. This concludes my remarks, and I look forward to your questions. [The prepared statement of Ms. Gurkin can be found on page 64 of the appendix.] Chairwoman Waters. Thank you. Mr. Visconti, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF LUKE VISCONTI, FOUNDER AND CHAIRMAN, DIVERSITYINC Mr. Visconti. Good morning, Chairwoman Waters, Ranking Member McHenry, and distinguished members of the committee. Thank you for inviting me to testify. I am Luke Visconti, founder and chairman of DiversityInc. I stepped aside as CEO on May 7th of this year. Carolynn Johnson, our CEO, asked me to provide today's testimony. She is with us here today. DiversityInc is a business publication dedicated to the business benefits of diversity. The cornerstone of our publication is the annual top 50 companies for diversity competition. Diversity is commonly seen as an issue concerning everyone but white men. This is erroneous. Diversity is a concern of every American, because our destiny is shared by all. Professor Steve Phillips, author of, ``Brown is the New White'', recently wrote that, ``There are 7,000 more people of color added to the U.S. population every single day as compared to just 1,000 whites through a combination of birth, deaths, and legal immigration.'' From a business perspective, diversity is an issue of profitability, ethical corporate governance, and, for publicly traded companies, return on equity. It is not an issue for the future; it is an urgent issue of today. A lack of diversity on corporate boards of directors is an ongoing and persistent problem across all industries, but in the banking industry, it has an especially deleterious effect on our country, holding back our national GDP by denying equal access to finance, and as a result of poor workforce diversity, thwarting innovation and the talent needed to compete. We have been conducting our top 50 competition for 18 years. It is voluntary and open to any company with more than 1,000 employees. There is no cost to compete and results have no association with business conducted with our company. Thousands of companies look at our survey every year, and hundreds complete it. The survey takes a deep look at human capital performance and governance, including supplier diversity. The survey has 1,200 fields of data, including boards of directors, top four levels of management, total management, total workforce, and management best practices statistically associated with superior human capital results. There are 5 banks on our 2019 top 50 list: Wells Fargo at 13; TD Bank at 19; Key Bank at 36; HSBC at 40; and U.S. Bank at 46. We do not disclose the companies who compete but do not rank; however, we do not provide anonymity to companies who choose not to compete. Wells Fargo and TD are the only top 10 largest banks in the U.S. that compete for a spot in the top 50; JPMorgan Chase, Bank of America, Citigroup, Goldman Sachs, Morgan Stanley, PNC, and Capital One do not fill out a survey or bother to compete. In contrast, heavily regulated companies such as AT&T, EY, PwC, Comcast, Abbott, Eli Lilly, Mastercard, and TIAA are all in the top 15 of our list. On the boards of the 10 largest U.S. banks, 30 percent of the directors are women and 22 percent are not white. This is better than the average for Fortune 500 companies, which is 16 percent women and 23 percent not white, but far worse than the diversity in the top 10: 30 percent women and 34 percent not white. It is important to note, however, that for people in the age range of directors, more than half of 4-year degrees were earned by women, and today, more women than men earn 4-year degrees, master's degrees, and Ph.D.s. There are several diversity management best practices that we have measured to be associated with superior results. The only one appropriate for board of directors purview is an executive diversity committee, or EDC. In the top 10 companies on our list, 86.7 percent in the top 10 includes 6 companies which were previously number one on our list; 86.7 percent of the top 10 companies have a CEO chairing the committee, and it meets monthly. And if you consider that meetings focus on metrics-driven results and the accountability of diversity management efforts, particularly regarding advancement and retention of non-majority groups, especially high-potential people, this is why they are on the top 10 of our list. The results bear out the attention to detail that the CEOs provide. This would be an easy report-out to a board and, standardized, could be included in the EEO-1 report, which would make everybody equal in that regard in terms of measurement. However, the board has to be competent to understand the diversity report. Unfortunately, boards of financial institutions are not competent in managing their own diversity. The progress of everyone not white and male in banking, executive leadership, and board seats is too slow to lead to nonaccountable techniques, in my opinion. For example, the Rooney Rule was established in the NFL in 2003, but the NFL is still a plantation; 88 percent of head coaches, and 97 percent of owners are white; and only 30 percent of players are white. Fair access to capital is an essential competitive advantage for our country and it will remain an aspiration until boards of directors develop the discipline to have fair representation themselves. The lack of transparency in the process of selecting board members and of the data in general is a real hindrance, and I recommend that regulation be implemented. [The prepared statement of Mr. Visconti can be found on page 94 of the appendix. Chairwoman Waters. Mr. Lumbra, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF RON LUMBRA, MANAGING PARTNER, CENTERS OF EXCELLENCE, AND PARTNER, CEO & BOARD PRACTICE, HEIDRICK & STRUGGLES Mr. Lumbra. Good morning. Thank you, Chairwoman Waters, Ranking Member McHenry, and members of the committee, for this opportunity to speak with you today and provide remarks on this important topic. My name is Ron Lumbra. I am managing partner for Centers of Excellence, and a partner in the board and CEO practice at Heidrick & Struggles. I am in New York. We are a global executive search firm that advises companies around the globe on leadership, on board succession, on leadership development, and succession. I have had the privilege of being in the executive search business for 21 years and have had the privilege to advise boards throughout the economy in various industries on board succession and board recruitment. Over this period, I have seen a number of trends emerge. The biggest one, the most prominent one we are currently facing is diversity in the boardroom. It is a hot topic that companies are acting on and calling us to act on with them. In 2019, our U.S. Board Monitor, which is a survey we do that talks about director trends in the Fortune 500, was just published. We saw that women last year--2018--filled 40 percent of new board seats. That is double from a decade ago. Minorities filled 23 percent of new board seats, up from 14 percent in 2009. Despite the recent progress and gains, however, the total share of minority and female directors on boards is still quite low. According to a 2018 report from Deloitte and the Alliance for Board Diversity, from 2010 to 2018, the percentage of women on boards only moved from 16 to 22.5 percent. The movement of minorities on boards only moved from 13 to 16 percent in that nearly a decade period of time. Progress has been slow, as you can see. We have observed a few key obstacles that are standing in the way of the progress of diversity on corporate boards. First, as was mentioned previously, low turnover. Most directors who run corporate boards serve on the board for more than a decade. Turnover is slow. On average, companies only add a director approximately every 18 months. For example, in the Fortune 500, over the last decade, in any particular year, about two-thirds of companies would add a director, to give you a sense of the velocity of how new directors come on corporate boards. Second, demand for CEO experience: It is a key attribute that boards look for. There are reasons for that. Having strategic perspective matters, having a CEO perspective matters. However, we understand that the pool of Fortune 500 CEOs is not a particularly diverse pool, so concentrating on that pool, by definition, has you looking at nondiverse populations to join corporate boards. Third, board culture: Culture matters. Typically, boards like to bring on people that they can get familiar with quickly, who are often in their networks, known to them, or easily referenced or introduced to their networks. It makes it very difficult if those networks don't happen to be diverse. Those are three inhibitors we see that are fairly universal in slowing the trend of bringing diverse talent onto corporate boards. Despite these challenges I have talked about, some progress has been made recently, and that progress continues. Here are some of the things that are helping. First and foremost, board assessment. Rather than waiting for terms to expire, for directors to retire, best-run boards are looking carefully at their constituencies, looking at, are we bringing the best skill set for the challenges and the strategy the board is facing at the moment or could we do better, and they are moving away from directors whose skill sets no longer fit, and bringing on new contemporary directors. Those new directors are often diverse. In addition, the best boards expand opportunistically. Although some boards have been shrinking in size, boards that see great diverse talent will occasionally expand in order to capture diverse talent and bring it on. That has been a best practice. Casting a wider net is a critical factor. Rather than looking in the networks that already exist, looking at the CEO network, looking at business unit heads, division heads, and P&L leaders, considering people from academia, former government officials, and former military veterans provides a much broader, more diverse pool to look at. And best companies are now doing that, looking at diverse pools. Having a disciplined process-oriented approach: Being intentional about the desire for diversity on boards. Companies that have the discipline to follow a process and not jump at the first person they see that they might know have more success bringing on diversity than others. It requires patience, and it requires discipline. Last year, at Heidrick & Struggles, 57 percent of our board placements--57 percent--were diverse. That tells you it can happen. Boards can bring on diverse talent. If you cast a wide net, are disciplined, and look in new areas, you have the ability to do it; that has been proven. It is our belief that that will continue. This is a passion for me. Thank you for the opportunity to share these remarks with you today. [The prepared statement of Mr. Lumbra can be found on page 86 of the appendix.] Chairwoman Waters. Thank you very much. Ms. Akutagawa, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF LINDA AKUTAGAWA, PRESIDENT & CEO, LEADERSHIP EDUCATION FOR ASIAN PACIFICS (LEAP); AND CHAIR, ALLIANCE FOR BOARD DIVERSITY Ms. Akutagawa. Thank you. Chairwoman Waters, Ranking Member McHenry, and members of the committee, thank you for the opportunity to testify before the committee today on behalf of diversity in the boardroom. My name is Linda Akutagawa, and it is my honor to be here in my dual roles as president and CEO of LEAP, Leadership Education for Asian Pacifics, a national nonprofit organization dedicated to developing, growing, and uncapping the talent of Asian and Pacific Islander leaders, and as the Chair of the Alliance for Board Diversity, a collaboration of four leadership organizations working together to increase the representation of women and minorities on corporate boards. LEAP, together with Catalyst, the Executive Leadership Council, and the Hispanic Association on Corporate Responsibility are the partner members of the Alliance for Board Diversity (ABD), along with our adviser, Diversified Search, and our report partner, Deloitte. Individually, our organizations are advocates for our communities, and we provide programming from board preparations, sponsorship, research, and referral that is uniquely tailored to the needs of our constituencies. Fifteen years ago, we formed the Alliance for Board Diversity as a means of combining our collective strengths to better address our common goal. There is a saying that you may be familiar with: What gets measured gets done. Our report, ``Missing Pieces: The Board Diversity Census of Women and Minorities on Fortune 500 Boards'', shines the spotlight on the fact-based board census numbers to dispel misunderstandings and misconceptions. In addition to our research, we also collectively identify and refer diverse candidates for board opportunities because, while the numbers tell a significant story, we know it is not enough. From 2016 to 2018, the total number of available corporate board seats increased by 230. That is good news. The pie is slightly larger, and that has enabled women and minorities to go from sharing a sliver of the pie to sharing a slice. It is nice to have more than one bite. Before we cheer, though, advancement does continue to be slow, and corporate boards are still not fully reflective of the change in demographics. In disaggregating the women and minority data, you will see that African Americans grew fastest in the Fortune 100, Asian Americans grew fastest in the Fortune 500, and Hispanics grew the least overall. I also offer this caveat for context. On the Fortune 100, African-American women grew by what seems like a whopping 44.8 percent, but that in raw numbers was only 13 seats. For Asian- American women, a 38.6 percent increase in the Fortune 500 and 30.8 percent growth rate in the Fortune 100 may seem like progress, but in the Fortune 100, the raw number is really only 4 seats. For Asian Americans, the starting number was small to begin with, so any growth will seem significant. And despite being one of the fastest growing populations, Hispanic women experienced the smallest number of board appointments from 2016 to 2018. A noteworthy indicator is the recycle rate or the rate at which individuals are serving on more than one board. The higher the number, the more boards a person sits on. Fortune 100 boards were better at seeking out unique directors versus recycling the same directors. African-American men, however, had the highest recycle rate among Fortune 500 board members, and Hispanic women have the highest recycle rates among Fortune 100 board members. Interestingly, Asian Americans have the lowest recycle rates on both Fortune 500 and Fortune 100 boards, but remember, Asian Americans still only occupy 4 percent or less than 4 percent of total board seats. On a closing note, there is a bright spot for optimism. In 2018, there were 35 Fortune 500 companies, up from 29 in 2016, that had at least one director from each of the four major racial and ethnic groups, and at least one female director. Diversity works, it matters, but supporters, policymakers, and advocates like us need to stay aware to ensure that we and the boards don't get complacent. With each census, we get a better lay of the land, we know the gaps, and where to keep strengthening. Our great nation needs the best that all of our diverse communities can bring to the boardrooms. Thank you for inviting me today. I look forward to answering any of your questions. [The prepared statement of Ms. Akutagawa can be found on page 54 of the appendix.] Chairwoman Waters. Thank you, Ms. Akutagawa. Ambassador Martinez, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF AMBASSADOR VILMA MARTINEZ (RET.), ON BEHALF OF THE LATINO CORPORATE DIRECTORS ASSOCIATION (LEAP) Ms. Martinez. Madam Chairwoman and members of the committee, I thank you for this invitation and the opportunity to provide the views of the Latino Corporate Directors Association (LCDA) at today's hearing. I am Vilma Martinez. I am pleased to present my views and the summary of LCDA's full statement submitted to your committee. I want to thank LCDA's Board Chair Roel Campos, founding Chair Patricia Salas Pineda, and CEO Esther Aguilera, for their contributions. As you noted, I am the former U.S. Ambassador to Argentina, the first woman to represent our country in that post. I also had the privilege of serving as a director on the boards of Anheuser-Busch companies, Fluor Corporation, Burlington Northern Santa Fe Corporation, as well as Sanwa Bank California, Bank of the West, and the U.S. Board of Shell Oil Company. LCDA is comprised of U.S. Latinos who serve on publicly traded and large private company boards, along with C-suite executives and board-qualified candidates. Our mission is to support Latino directors, develop the next phase of Latino/ Latina directors, and increase their numbers serving on corporate boards. We thank you and the committee for providing a forum to have this important conversation. As you know, our duties as directors are to add shareholder value and promote good governance as we strive for healthy, sustainable, long-term corporate growth. Today, U.S. Latinos total nearly 59 million or 18 percent of the U.S. population and are projected to add, on average, over 1.2 million people a year between 2017 and 2060. We account for the vast majority of the growth in the U.S. workforce; 74 percent of the 10.5 million workers projected to be added to the U.S. labor force from 2010 to 2020 will be Latino. The U.S. Latino gross domestic product is $2.13 trillion and is on a par to grow $80 billion to $90 billion a year. An additional good news aside: Latino entrepreneurs are driving job creation and economic growth. There are 4 million Latino-owned businesses that together contribute in excess of $660 billion to the American economy. Unfortunately, despite a strong talent pool, Latinos and Latinas are the least represented on America's corporate boards. Based on our analysis of new data released today on boardroom demographics, women, racial, and ethnic groups continue to lag, with Latinos following far behind. As part of LCDA's and my statements, we have released a comprehensive table based on data compiled by ISS Analytics on board composition of S&P 1500 companies comparing the 2019 statistics to 2008. In summary, the data demonstrate that over the last 10 years, gender diversity on corporate boards has increased by about 11 percent, with more room to go, but at the same time, the rate for board diversity has been much slower for communities of color, with an increase of 3.12 percentage points. By all measures, Latinos and Latinas are woefully underrepresented. In 2019, Latinos overall held only 2.28 percent of these board seats, an increase of just .56 percentage points from 2008. Latinas represented only less than one half of a percent of board seats, and this despite the growing body of research which has been testified to today demonstrating the correlation between board diversity and positive corporate financial performance. Disclosure and transparency on the diversity composition of boards is an important step to advance board diversity. Disclosure of this information helps investors and shareholders make informed investment decisions since board composition is an important component of good corporate governance. For this reason, LCDA endorses the Improving Corporate Governance Through Diversity Act, which would require public companies to disclose data based on self-identification of the racial, ethnic, and gender composition of their boards of directors, nominees for the boards, and corporate officers. In summary, LCDA seeks to be a part of the solution to close this underrepresentation gap of U.S. Latinos on corporate boards. Ultimately, greater boardroom diversity that includes Latinos is an integral component to accelerating the growth potential of our U.S. companies. LCDA and I stand ready to be a resource to help advance these efforts. We appreciate your consideration of these views. Thank you, again, for your consideration on this issue and the time today. [The prepared statement of Ambassador Martinez can be found on page 89 of the appendix.] Chairwoman Waters. Thank you very much, Ambassador Martinez. Dr. Creary, you are now recognized for 5 minutes to present your oral testimony. STATEMENT OF STEPHANIE J. CREARY, ASSISTANT PROFESSOR OF MANAGEMENT, THE WHARTON SCHOOL OF THE UNIVERSITY OF PENNSYLVANIA Ms. Creary. Thank you, Chairwoman Waters, Ranking Member McHenry, and members of the committee, for this opportunity to testify today. My name is Stephanie Creary, and I am an assistant professor of management at the Wharton School of the University of Pennsylvania. I will focus on sharing excerpts from an article published on March 27, 2019, by Harvard Business Review, highlighting some of the findings for my recent research on corporate board diversity and board culture. Based on interviews with 19 board directors who held seats on 47 corporate boards in the United States, across a variety of industries, my colleagues and I found that diversity doesn't guarantee a better performing board and firm; rather, the culture of the board is what can affect how well diverse boards perform their duties and oversee their firms. Specifically, we found that board diversity matters, but concentrating on only one form of diversity isn't enough. Our interviewees suggested that social diversity, for example, gender, race, ethnicity, and age diversity, and professional diversity are both important for increasing the diversity of perspectives represented on the board. Many of our interviewees suggested that their boards had made progress on gender diversity, but not on other forms of diversity, such as race, nationality, and age. They also raised concerns with what they referred to as checking-the-box initiatives and tokenism for the sake of board diversity. One interviewee revealed how she turned down a board position because she felt that the interviewing board members were not able to comment on her expertise, only on their desire to have gender diversity on the board. She shared, ``I can understand what it means to be a token person. I don't like that.'' I said, ``If you think my only value is the fact that I am a female, I can't add value to your board.'' To offset these concerns, some boards are ensuring that skills and expertise along with demographics are front and center in their recruiting processes. One board member shared, ``We look at diversity in a lot of different ways: experience; age; ethnicity; and gender.'' Many boards are also broadening the range of professional backgrounds considered for board member positions, allowing them to attract socially diverse directors. This is easier to achieve when boards avoid filling open seats with people already in their personal and professional networks. One interviewee with current boards said they are shifting to a different approach, a process of assessment where the board periodically looks at the skill sets that they would ideally want on the board, given the business the firm is in, and then the skill sets that are represented on the board and then identifying any missing. So as long as they are going to look for a new board member, they use it as an opportunity to build diversity. It is also important to consider recruiting from outside of the CEO and CFO pool to increase board diversity. One interviewee commented on how having social diversity wasn't good enough if all board members were former CEOs or CFOs. She said, ``Having board members that come from a different background is really good, such as chief information, chief technology, and chief human resource officers.'' My colleagues and I also found that diversity doesn't matter as much on boards where members' perspectives are not regularly elicited or valued. Some boards are more hierarchical in their communication orientation while others are more egalitarian. These dynamics appear to shape whether diversity on the board actually matters to the board's work. On more hierarchical boards, the CEO, chairman, or lead independent director tends to dominate board meetings. In contrast, more egalitarian boards have a more collegial board culture. One interviewee explained that their collegial board culture resulted from information being shared openly with little back channeling or meeting outside of the formal meeting to raise concerns. Collegial boards are more likely to accept and integrate differences of opinion. Members of these boards believe that both their expertise and willingness to learn is recognized and incorporated into the board's work. Interestingly, several interviewees told us that boards that value open communication are more likely to engage in conversations about diversity. One interviewee commented on how longer-term board members still struggled to understand the value of diversity. Another explained raising issues around diversity in the leadership pipeline and his desire to make this a higher board priority. He said, ``One of our board members who is African American came up to me after I raised this issue and said, `Thank you for bringing this topic up, because I brought it up years ago, not so delicately, and nothing ever happened. Maybe if we get more of us board members looking at this issue, it will move the needle.''' In closing, it is clear from this research that the benefits of having a socially and professionally diverse board cannot be realized without an egalitarian board culture where different perspectives are regularly elicited and integrated into the board's work. Therefore, I encourage the committee to consider, not only how to increase board diversity, but also how to create more inclusive boards. I thank the committee for considering these important issues. [The prepared statement of Dr. Creary can be found on page 57 of the appendix.] Chairwoman Waters. Thank you very much. I now recognize myself for questions. The first thing that I would like to talk about or the question I would like to ask is about what we hear so much about from corporations and Federal agencies, that they are taking steps to expand their recruitment efforts more deeply into diverse communities, such as Historically Black Colleges and Universities (HBCUs) and affinity groups. We also know that the talent is out there, but these efforts alone may not be enough. Can any of you, starting with Ms. Gurkin and going right, in the few minutes that we have, tell me what you think can be done to improve recruitment, because we hear so much, ``Well, we are interested but we can't find the talent.'' Ms. Gurkin, have you heard that? Ms. Gurkin. Yes. That was actually one of the key challenges that we heard was that board members relied on their personal networks or on the CEO position to identify new talent. Some of the strategies that we heard from our industry stakeholders, however, were that there were a lot of potential talented board members out there, if they were willing to look in other professions. Someone mentioned the chief human resources officer or in the chief technology or even looking at supply chain logistics experts who are retired military. Chairwoman Waters. Okay. Mr. Visconti, what about you? What can be done to dispel this argument that, ``We can't find any of them?'' Mr. Visconti. Well, the talent hasn't been treated very well in corporate America. It has failed to be promoted and recognized to reach the levels where people are considered for boards of directors. So, we have to look a little bit lower than what is traditionally in terms of hierarchy, in terms of where we normally select board members. They are there. There is plenty of talent. It has to be looked at differently. Chairwoman Waters. Thank you. Dr. Creary, do you have any thoughts about that? Ms. Creary. Yes. I think one of the biggest issues that we found was that there weren't established criteria, other than needing a CEO or a CFO, in order to take a board position or in order to recruit for a board position. And when prompted, there wasn't consensus around why a CEO or CFO was actually needed, and there is a long history of research established both in academia and in the practical sector that the criteria are too narrow and they are not necessarily objective. So, I think by focusing on what are the criteria, some of these issues around who is talented and who should be represented will go away. Chairwoman Waters. Mr. Lumbra? Mr. Lumbra. A disciplined process works very well. Defining what a board truly needs in terms of the skill set and then having the discipline to look for that kind of person will often yield diverse results, rather than someone who is already known and easy to find. Chairwoman Waters. Ms. Akutagawa? Ms. Akutagawa. I am going to add that looking to some of the nontraditional sources for potential candidates is another opportunity to expand that or cast that wider net. I think that there are organizations like the Alliance for Board Diversity members who do have access to a wide array of very qualified diverse leaders who can step up into these board roles. Chairwoman Waters. Ambassador Martinez? Ms. Martinez. Yes. If I could just reiterate some of the comments that were already made, such as require a diverse slate of candidates. The board assessment process that Mr. Lumbra spoke about is very effective in articulating what this particular board might need at any point in time and casting that wide net beyond the friends of people already on corporate boards. Chairwoman Waters. Thank you. It seems that we can find qualified people serving as presidents of colleges and universities, and we seem to have more minorities who have achieved that level of representation. So, why aren't we getting more from colleges and universities? Mr. Lumbra? Mr. Lumbra. I had the privilege of co-heading a presidential search committee for a university president recently, and I was stunned at the amount of diversity that showed up in the candidate pool. There are truly numbers of diverse talent in academia. I think one of the challenges and one of the differences between that world and the corporate world is demand on campus. In the campus community, there is a demand, a natural, latent demand for diversity, so it is top of mind. No one needs to be convinced of that, and that was apparent. It is a little different in the corporate world. The intentionality in the corporate world needs to be more disciplined and planful. Chairwoman Waters. Mr. Visconti? Mr. Visconti. Discipline is key, and right now, the process is not disciplined. And if it were disciplined, you would see different results. There is an acceptance of the bad results over and over and over again, which is why I think regulation needs to be put in place. Chairwoman Waters. So, this is an area that you think we can all do more in, in making sure that we develop databases, that we are able to identify people, refer people, et cetera. All right. Thank you very much. The gentleman from North Carolina, Ranking Member McHenry, is recognized for 5 minutes. Mr. McHenry. Dr. Creary, your research goes a level deeper than race, ethnicity, and gender, right? What is the practical effect? The discussion here in Congress is largely about that. Your research is a level deeper, which is simply--is that having a threshold question of diversity is only one layer of this conversation, not that it is meaningless or more meaningful, but that it is a separate question. But then, it is a practical effect. Having a diverse board does not actually mean you have diverse thought when you have those metrics of diversity. What you are saying is, they could all be former CFOs and CEOs, which actually doesn't give you a diversity of experience either. Go that next level deeper about what you do for a board to ensure that there is that openness. You said ``egalitarian'', but you get in and you say, I can actually share my perspective without it being a meaningful relationship, not a brittle relationship, so you can go in and have a strong perspective and you get a better outcome from that. Walk me through that, because this is a much deeper layer than the conversation that we have been accustomed to. Ms. Creary. Yes. Thank you. I think the first place to start is what makes a high-functioning or an effective board. What my research has shown is that effective boards are boards where the members are actually utilized for the skill sets for which they are recruited. But what we see time and time again is the person who is in the lead, whether that is the chairperson, the CEO, or the lead director, is dominating the board meeting, so the other 6, 7, 8, 9, 10 board members are actually not contributing much to what we think might be happening. If you start with that as the crux of the issue, then we add diversity on top of that. You can add any form of diversity: professional diversity; race; or gender ethnicity. If that board is not eliciting any perspectives, it is not going to matter. So, the issue becomes changing board dynamics so that it actually utilizes the expertise of the people on the board. The issue of which type of diversity is helpful is, I think, an issue that many of the boards aren't wrestling with so much as much as they want to begin to understand whether diversity actually can help. They recognize that different types of diversity may play different roles. So, race, ethnicity, and gender, social forms of diversity, help to connect to a wider market base. It is representative of the people in the economy. A professionally diverse board can bring different ideas about how the strategy should unfold in the company, so those are the complexities that we are wrestling with. Mr. McHenry. But you also get into this really--more of the behavioral piece, which is, you have a diverse board on paper, but they are not functionally diverse, right? Meaning, you go in, the Chair dominates the board, and it doesn't matter that you have these metrics of diversity because you may not have diversity of thought or a willingness to actually, say, object, right? So, that is a deeper level of conversation. Let me ask this question, within your research, is there a threshold by which people are more willing to speak up? Meaning, I have seen in other research, other behavioral research that simply having a woman in the meeting with 15 other men actually doesn't mean that you have an empowered woman. There is a threshold question here by which you then have women willing to speak up, as an example. Is that consistent with your research on boards? Ms. Creary. Yes. I would say there is the side of the equation that is about if we have a critical mass of people who are willing to push on the chairman, the CEO, or the lead director, then voices will be heard. But in all actuality, it really is the competency and the willingness of that person in the lead seat to actually ask people what it is that they believe. Even if there is only one woman or one African American on the board, if we actually have a chairperson who goes around the table and elicits perspectives, that one voice can be powerful. Mr. McHenry. Right. So, recruiting based off of race and ethnicity alone is not sufficient for empowered boards. We need to have diverse candidates who are well-qualified, and diverse and diverse thoughts, diverse experience, and it is a multilayered effect, is one of the takeaways. Ms. Creary. Certainly. Board dynamics are critical. Mr. McHenry. A part of the takeaway? Ms. Creary. Yes. Mr. McHenry. Thank you. Chairwoman Waters. The gentlewoman from New York, Mrs. Maloney, who is also the Chair of our Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets, is recognized for 5 minutes. Mrs. Maloney. Thank you so much, Madam Chairwoman. I thank you and the ranking member and all of the panelists today for holding this important hearing which will address a bill, H.R. 3279, which I have introduced for the past several Congresses, the Diversity in Corporate Leadership Act. Back in 2015, I asked the Government Accountability Office to look at the gender makeup of corporate boards, and the result of this study convinced me that we need to do much, much more. Women make up 47 percent of the workforce in America, yet they hold only 21 percent of board seats at S&P 500 companies. The most startling finding in the GAO report was how long they project it will take to achieve gender parity on corporate boards. They found that even if we assume that equal proportions of women and men started joining boards right now, it would take more than 40 years for there to be an equal number. Clearly, something needs to change. And let's be clear, increasing diversity on corporate boards is not just a social issue; studies show that it is very, very good for business. Study after study has shown that companies with greater gender, racial, and ethnic diversity on the boards outperform other companies financially. McKenzie found that companies with the highest racial diversity on their boards were 33 percent more likely to have above-average profits. And a study by Credit Suisse found that companies with at least one woman on the board, just one, outperformed their competitors by at least 3.5 percent a year for the last decade. With these kinds of numbers, investors actually want the companies they invest in to increase the diversity of their boards. And, actually, I introduced the legislation and the GAO study at the request of investors, pension fund investors, and others who want to know this information because their clients say that they want to invest in diverse boards. My bill would help investors accomplish this by requiring public companies to report the gender, racial, and ethnic composition of their boards in their annual proxy statements. The GAO found that this one very simple metric is actually very, very important to investors. And by putting this information in one place that is easily accessible without requiring them to go look at pictures of board members or guess the gender, race, or ethnicity of board members based on their names, the bill would enable investors to quickly sort the companies that do and do not have diverse boards. And my bill would also establish a diversity advisory group at the SEC which would support best strategies, best practices to increase gender, racial, and ethnic diversity on corporate boards annually. My bill would not be burdensome on companies. I worked closely with the business community on this bill, and it is supported, actually, by the U.S. Chamber of Commerce and many other businesses. I would like to put in the record letters from the Chamber of Commerce, CalPERS--without objection-- Catalyst, and LPL Financial, just to name a few. Chairwoman Waters. Without objection, it is so ordered. Mrs. Maloney. I have one brief question, if I have time for a question. I wanted to go down the line and ask all the witnesses, do you think requiring companies to disclose the gender, racial, and ethnic diversity of their boards to their investors every year would help investors make more informed and better decisions and would enable investors to put more pressure on companies to improve the diversity of their boards? Because of time, just a yes or no answer and submit in writing any other ideas you have on this question. First, Ms. Gurkin, yes or no? Ms. Gurkin. Yes. Mrs. Maloney. Okay. Mr. Visconti? Mr. Visconti. Yes. Mrs. Maloney. Mr. Lumbra? Mr. Lumbra. Yes. Mrs. Maloney. Ms. Akutagawa? Ms. Akutagawa. Yes and yes. Mrs. Maloney. Yes and yes. Okay. Ms. Martinez? Ms. Martinez. Yes. Mrs. Maloney. And, Dr. Creary? Ms. Creary. Yes. Mrs. Maloney. Well, I think it is unanimous. We need to pass this legislation. We need to get more diverse boards. It is good for the economy, it is good for the country, and it is the right thing to do. It has taken us a long time to get to this point. And I want to congratulate the chairwoman for having a hearing on this important issue. I have been trying for well over 10 years to get a hearing on this issue. Thank you. Chairwoman Waters. Thank you very much. The gentlewoman from Missouri, Mrs. Wagner, is recognized for 5 minutes. Mrs. Wagner. Thank you, Madam Chairwoman. Dr. Creary--and by the way, I am just overwhelmed by your expertise and the research that you have done--found that diversity in the boardroom leads to better outcomes when the board's cultures, as we have been talking about, is such that all, all directors, in fact starting at the top, are empowered to engage and apply their experiences. In her study, she states that--and I want to quote this, because I found this to be something that I just totally agreed with: ``To make diverse boards more effective, boards need to have a more egalitarian culture, one that elevates different voices, integrates contrasting insights, and welcomes conversations about diversity, welcomes conversations, encourages conversations about diversity.'' I couldn't agree more, Dr. Creary. Dr. Creary has also identified numerous companies that have broadened their candidate pool to increase boardroom diversity and enjoyed all the advantages that come with a diverse board. Dr. Creary, we have seen laws enacted in other countries, such as Norway, Spain, France and Iceland, that require-- require--that women comprise at least 40 percent of boards at publicly listed companies. Can you describe the effects of some of those laws with respect to the culture of the board? Ms. Creary. That is unclear. We have had quite a few studies in both academia and the practical arena looking just at the direct relationship between diversity and performance. What we have not been doing, which is what my study hopes to contribute, is examining what is actually going on in the boardroom to help us understand whether, and under what conditions, the diversity might matter. It is still an open question as to what getting us to 40 percent women actually does to change the board's ability to do the work that it does. Mrs. Wagner. In your research, can you tell yet? Do you believe that these laws have created an environment where diversity of ideas can flourish, or is that unclear yet? Ms. Creary. It is unclear, because what we haven't accounted for is the type of board. The reason why in the research we specify hierarchical versus egalitarian is because it gives us one dimension to think about. The idea would be, if we are looking at egalitarian boards that are 40 percent diverse in some capacity, we would imagine that those would be the boards that would actually be performing better and contributing to firm performance. But because we don't know whether these are hierarchical or egalitarian, we can't measure that, it is hard to make sense of the findings. Mrs. Wagner. What policy initiatives can we develop to bring greater transparency into women and minorities being represented on corporate boards while not creating a burdensome and costly disclosure process? Ms. Creary. While I think it is important to make the numbers known, because any time we can acknowledge that there, in fact, is an issue, it actually motivates people to begin to solve it, I think we have to continue to dig deeper. From my perspective as an academic, it is hard for me to speak as to what policies, particularly at the governmental level, might be helpful, but I can speak to what policies at the board level might be helpful. And that is actually for the board to implement policies that speak to utilizing the skill sets that are there. How do they begin to engage? How do you use your board members most effectively, is really the important issue here. Mrs. Wagner. How can companies cast a wider net to identify applicants with diverse backgrounds and experiences, do you think? Ms. Creary. From my research, the issue is not that there aren't resources. There are many organizations. We have heard about the Executive Leadership Council. Another group that I am familiar with is The Athena Alliance based out of California that looks at gender diversity, and certainly companies that are represented here. The issue is not that there aren't pools; the issue is actually the board directors who are selecting the nomination and governance committees and vetting the board members. Mrs. Wagner. And this is something that I want to delve a little deeper into, because we have heard some testimony with regard to this idea about those that are interviewing and things. Would having gender, racially, or ethnically diverse interviewers lead to a more successful recruiting process? We have heard about how we need to have candidates who are diverse, but it seemed like a lot of the testimony we received said that interviewers have to have that culture and be diverse in their backgrounds and expertise. Ms. Creary. There is evidence, based on recruitment for other positions in companies, that having a recruiter who is somewhat similar in some dimension is important. Mrs. Wagner. I think I am out of time. Anything else that you could send us in that regard, I would very much appreciate. Thank you, Dr. Creary. And thank you, Madam Chairwoman. Chairwoman Waters. Thank you very much. The gentleman from New York, Mr. Meeks, who is also the Chair of our Subcommittee on Consumer Protection and Financial Institutions, is now recognized for 5 minutes. Mr. Meeks. Thank you, Madam Chairwoman. And first, I want to thank you for your visionary work in making sure that in this Congress, we have a Diversity and Inclusion Subcommittee. It is tremendous work and vision on your part, and I want to thank you very much for doing that. I also want to thank Chairwoman Beatty, who has been extraordinary as the Chair of the subcommittee, and the individuals who come before that subcommittee. I hear everywhere when they come before that subcommittee, the kinds of questions and how she is holding people accountable to try to make sure that we have diversity in our corporate boards. It is extraordinary at this time that that is happening, and it is because of your leadership, and I want to thank you for that. Let me also thank these witnesses. I have been sitting here listening to you intently. You all are tremendous. Many of the questions that I initially was going to articulate or ask, you have covered in your statements. And it is tremendous. And even with the ranking member of the subcommittee, Mrs. Wagner, and the ranking member of the Full Committee, Mr. McHenry, it just seems that we really need to get at this question of board diversity to make our corporate America reflect our country. And it makes us all better. It is better for business, and it is how to do that. And my colleague from New York, Mrs. Maloney, who has a bill and I have a bill; it just shows how we are trying to move in the right direction to get things done. It is tremendous. And so let me ask, because one of the things--you all touched on it, because one of the things that concerned me all the time is the number of folks who get on a board, it seems to me, particularly, I think, with African-American males, you get one and you put that one on every board, and then you say you have met your requirement because you have that one person who is on several different boards. And everybody on all of those boards are scoring that one person as their diverse candidate, to show that they have diversity on their board. I am trying to figure out, as far as best practices are concerned, what do we do to defeat that? One of the things that we were thinking about and I know I had in my bill was to have the Director of the Office of Minority and Women Inclusion (OMWI) publish, the SEC to publish every 3 years best practices for compliance with disclosure requirements, and also to have OMWI at the SEC establish an advisory council that includes issuers and investors to advise on best practices. What do we do? How do we do it so that we can try to eliminate that? I will start with Mr. Visconti. Mr. Visconti. I think if you looked at Congresswoman Maloney's bill and you think about what committees those board members are on--and anybody who has been on a nonprofit board or a board knows that if you are on governance, if you are on the important committees, compensation, you don't have time to serve on many boards. You have time to serve on one or two. I think identification of who is on what committees in these boards will have its own factor in limiting the number of people who are counted on several boards. Mr. Meeks. And with that same question, let me go to Mr. Lumbra. Do you want to add anything to that? Mr. Lumbra. Representative Meeks, I am happy you raised the issue, because I am a little surprised it hasn't come up yet in the conversation. There is a strong preference for experienced directors. First-time directors, regardless of race, regardless of gender, have a difficult time coming on boards, because there is a preference for people who have been there and done that. There is a theme in the room about how best boards are run: Egalitarian, inclusive. There is a developmental part of that. We talked about assessment and effectiveness. Having boards that think about, how do I bring on a first-time director and mentor that person, teach them how to be a director, et cetera, that is a really important part of the solution to both casting the wide net as well as getting people on the board and making them successful. So, that first-time director issue is the one that you have hit on very clearly. Mr. Meeks. And one of the things that you mentioned too and, people talk about is it seems as though at times the only folks that they want on a board is a CEO or a former CEO as opposed to other individuals who might have come from the field of technology or others. Even when I think HR, some HR executives sometimes can be the person, because they understand the industries and how you can have better folks in there. Dr. Creary, in the limited time I have, can you comment on that? Ms. Creary. Yes. I think we actually do see today--I believe Bed Bath & Beyond is one company that recently overhauled its board and actually does have representatives from some of these more diverse professional backgrounds on it. So, there is a move to move in that direction, to expand the capacity of boards to do their work by recruiting people who are from, for example, HR and academia. It just hasn't happened to the extent that we would like to see. Mr. Meeks. Thank you. Chairwoman Waters. The gentleman from Oklahoma, Mr. Lucas, is recognized for 5 minutes. Mr. Lucas. Thank you, Madam Chairwoman, and I thank you and the ranking member for holding this hearing today. In one of my other roles in this body in Congress, I am ranking member of the Science, Space, and Technology Committee. And we held a hearing on promoting a diverse workforce in the science/engineering/mathematics fields. We highlighted the lack of diversity in many STEM fields and how it prohibits the United States from reaching its full economic potential and hinders American competitiveness. It would seem that the same can be said for the lack of diversity in our corporate boards. My first question is to Ms. Gurkin. In your written testimony, GAO identifies strategies that stakeholders and corporate boards are currently implementing to increase diversity. Can you elaborate on how some companies are taking steps to prioritize diversity, particularly diversifying that pool of candidates? Ms. Gurkin. I think one of the common themes that we heard from all of the industry officials that we spoke with is that there are a number of different strategies that can be employed, but what is most critical is that there is a commitment to ensuring greater representation on the board. And so the stakeholders we spoke with talked about a lot of different strategies in terms of looking beyond the CEO pipeline, being in kind of a continuous recruiting system where, as you identify great candidates, you bring them on, even if maybe you aren't actually having an active search and have an active opening, or expanding the number of board positions. But the stakeholders we spoke with commented that while there are a number of great strategies out there, it is that commitment to diversity among the board that was the most effective and important strategy. Mr. Lucas. For my next question, I think I will turn to Dr. Creary. You explain in your testimony that even though a board is diverse, the company still may not reap the rewards that diversity brings. Can you elaborate on that challenge for us, please? Ms. Creary. Yes. So, for example, we have people in my sample who do represent that one African-American board member who is on multiple boards, who has commented on the fact that they have tried to raise, for example, issues of diversity, and no one listens. That is an example of the fact that just by increasing the diversity does not mean we are going to get to the results that we want to, particularly if the result is to tackle issues of diversity in the leadership pipeline. Mr. Lucas. Lastly, I know this issue exists across industries. As I mentioned earlier, women are underrepresented in the engineering, science, and math fields. To anyone on the panel, how does the diversity of the financial services industry compare across industries, and are there any fields that are leading in their efforts to create a more diverse workforce? How does the financial services industry, when it comes to board participation, compare to other boards across different industries? Please. Mr. Visconti. I had a journalist who reports to me count heads. And the financial services, the top 100 banks are average compared to other industries. The top 10 banks are slightly above average compared to other industries. This is a common problem across-the-board. Mr. Lucas. Anyone else wish to address that? Please, Ambassador? Ms. Martinez. Yes. I was going to add that having served on two bank boards that were quite diverse, for foreign-owned companies, in fact, one Japanese, the other French, and the regulation is so intense that you actually need quite a diverse skill set among the board directors. And it was an area where the board directors really taught each other whatever it was they brought to the table. I think that has had a very beneficial impact on that industry. Mr. Lucas. Absolutely. Anyone else? Mr. Lumbra. To your other question, not about financial services but broadly speaking, we are seeing more progress in consumer. Those companies tend to be more sensitive to the marketplace, who they are selling to, what their employee base looks like. So, I would say they are inching ahead in terms of this being top of mind. Mr. Lucas. Thank you. If no one else wishes to address that, I will yield back the balance of my time, Madam Chairwoman. Chairwoman Waters. Thank you very much. The gentleman from Missouri, Mr. Cleaver, who is also the Chair of our Subcommittee on National Security, International Development and Monetary Policy, is recognized for 5 minutes. Mr. Cleaver. Thank you, Madam Chairwoman. Let me express my appreciation to you for this hearing. I was reading someplace about criticizing somebody else and you have a plank in your eye. The Federal Government has a bad record as well. There is a recent article in Politico talking about the lack of diversity in the Department of the Treasury, even at a time when they are denying a $20 bill in the memory of Harriet Tubman. So, there are some components of our Federal Government that are embarrassingly absent of any diversity. Having said that, I am fascinated by this nation's heterogeneity, but I am frustrated by the homogeneity of the higher ranks of homogenized corporate America. And it is really an issue that we have to keep up front. I just spent some time with one of these high-tech companies, these new high-tech companies where these billionaires are born every 5 minutes. And I would go in and the CEO would be 13 and the director of the production was still in the crib and made decisions after he would suck on the bottle. But there were no brown and black babies in the cribs in those places. And I think we cannot have this discussion without discussing the ever-growing high-tech industry and a very, very visible absence of diversity. And I am wondering if any of you have had any views, based on the things that you are concerned about, of what is going on in the high-tech world and how we can impact them other than maybe starting to regulate them and making some requirements. Any ideas on how we can pierce this barrier that has been there with high-tech companies and the lack of diversity? Ms. Martinez. I would suggest that it is really important to try to get them to link in with K through 12 educators, because in most school districts they do have magnet schools or similar institutions where they emphasize STEM or high-tech fields, and there are invariably students and there are many students of color in the public school system. So that linkage, I think, could be made stronger. It exists in bits and pieces here and there, but I think that is a good area to look at. Mr. Cleaver. Yes. Ms. Akutagawa. I also want to suggest that I think that there are also issues around unconscious bias as well too that is going on in a lot of these areas, especially when you look at the leadership ranks of these high-tech companies. And I think that despite the media's portrayal that Asian men are overrepresented, they are overrepresented perhaps in the early to mid-career levels, but you certainly do not see them in the leadership ranks. But within that, you do see then that the folks who are making these decisions have stereotypes I think of what constitutes a good tech worker. And oftentimes, I think that unconscious bias leads to people not necessarily searching out the diverse talent that is out there and is highly capable of working in many of these high-tech companies. Mr. Cleaver. Thank you. Yes, please? Mr. Visconti. Sheryl Sandberg wrote, ``Lean In.'' She was the only woman on the executive committee of Facebook. She is still the only woman on the executive committee of Facebook 6 years later. It doesn't work. The tech industry is the worst in this country, in my opinion, on this subject of diversity, the worst, bar none. Mr. Cleaver. I agree. My youngest son would point at things and say, ``It is worser.'' And so, I agree that they are ``worser.'' But we have to figure out a way to penetrate or it is going to get worse. Thank you. I yield back, Madam Chairwoman. Chairwoman Waters. Thank you very much. The gentleman from Colorado, Mr. Tipton, is recognized for 5 minutes. Mr. Tipton. Thank you, Madam Chairwoman, and I appreciate your holding this hearing today. Ms. Akutagawa, I would like to follow up a little bit on Mr. Cleaver's comments in terms of some of the workforce development as well in relation to board diversity. And maybe, Dr. Creary, you would like to comment on this as well. We have had a study that has come out from Glassdoor that found that two-thirds of job seekers said that workplace diversity is important to them when evaluating employers and job offers. Another from PricewaterhouseCooper found that 61 percent of women specifically considered diversity of an organization's leadership team in deciding where to take a job. It is obviously clear that when people are looking for a job, they take in some of the leadership roles, obviously, for where they would like to actually be able to pursue, because they see upward mobility opportunities for them. Would you comment on the PricewaterhouseCooper's studies, and the Glassdoor studies? How can that really play a role in terms of helping create jobs for people and opportunities? Ms. Akutagawa. I think if you can't see it, you sometimes can't be it. And I think that having that diversity in and amongst the different ranks of a company is going to be highly important. And we are looking at a highly diverse millennial generation who is looking for people who look like them and want to see the opportunities that they too can become someone who is going to be leading a company, someone who is going to be on a board of a company. And I think with that said, there are lots of different things that companies can continue to do, I think, and that are being done right now. And just for the sake of the record, I would also encourage consideration of not just corporations, but when you look at all employers, not only the government but also nonprofits as well too and higher education institutions. And when you look at the leadership ranks of those areas, also lacking in diverse leaders as well too. Mr. Tipton. Just to follow up on that, are you starting to see companies starting to alter hiring practices, or is it still a work in progress? Ms. Akutagawa. I think it is a work in progress. And as was said earlier, I think you have certain companies, particularly those that are looking to serve consumers that are diverse. They are certainly much more conscious about that. I think we are also seeing ones in which they do need to have a really deep talent pool, that they need to, they are forced to cast as wide of a net. And I think that many of them are discovering that that is what they are finding. Mr. Tipton. Dr. Creary? Ms. Creary. Yes, I think this is an important question. Certainly, years of research has told us that people are attracted to places, particularly workplaces, where the people who are there in positions of success mirror somehow their own experience. It goes without saying, I think, that all of us in academia and the government and corporate America are doing a lot of work to make sure that our positions of power are represented by all people who come from our country. At the same time, what we know is that just because you are given access to the position doesn't mean that you will stay in it. And what is happening in corporate America in many sectors is that people who are being recruited for diversity or for any reason are leaving their positions. For many reasons, they are not having the best experience. And so I think it is important to make sure that when we have this conversation about boards, we understand and learn from the lessons of corporate America and all other sectors that just concentrating on getting people in the door doesn't mean that we won't have a revolving door. We need to concentrate on the experiences of people in organizations if we actually want them to stay and contribute meaningfully. Mr. Tipton. And would you maybe expand? We talked on this a little bit, but some of the best strategies to be able to expand some of that diversity that are yielding positive results? Ms. Creary. Yes. I think certainly, on the workforce side, we have employers at my campus. They come and they visit and they host different sessions for people who are, for example, from underrepresented groups, to introduce them to the company and to introduce them to mentors very early on. The whole recruiting process is one that is inclusive. If you think about it, some of these practices could actually be used at the board level. It is a courting possess, if you will, of helping people to understand that they can be--that that is a good fit for them as an individual and that they could be effective. It is not just about, I think for many of our young people today, particularly people at my institution, wanting to go to an organization that is diverse. It is that diversity to them signals opportunity and that someone like them can be successful there. And I think it is important to keep that in mind. Mr. Tipton. Great. Thank you. My time has expired, Madam Chairwoman. I yield back. Chairwoman Waters. Thank you very much. The gentlewoman from Ohio, Mrs. Beatty, who is also the Chair of our Subcommittee on Diversity and Inclusion, is recognized for 5 minutes. Mrs. Beatty. Thank you, Chairwoman Waters. Please excuse my voice today. And thank you to all of the witnesses. This is an exciting and amazing day for me. As chairwoman of the Subcommittee on Diversity and Inclusion, I want to applaud you for your honesty and for helping us as we shape this vision under Chairwoman Waters. We have talked about a lot today. And what came to my mind was, and the first time I said, I have to give credit to Skip Spriggs with the ELC, because what he said is, ``If you fish in the same pond all the time, you catch the same thing.'' If we are only looking for seated CEOs or COOs when we talk about corporate leadership, putting people in the room, we need a bigger pool. Now, I don't think that we have heard or that there is anything that has happened in the past that has gotten us there 100 percent or we wouldn't have Chairwoman Waters taking this national/international leadership for everybody in this room and everybody on both sides of the aisle to become a part of history, because that is what is happening today. We talked about the Rooney Rule that started in 2003. Dan Rooney, I believe, had a great idea, and chaired the diversity committee for the NFL, because it was a start. It at least got people in the NFL talking about what they had not done, and yet they were making all this money on black players. And so we got great results, because it wasn't just putting a minority in the interview; it was a qualified great minority of thought, of gender, of race. And you can have diversity of thought and environment and end up with a black person. And that is what happened. Chairwoman Waters mentioned Raphael Bostic, and thank you. It was about that same time that with my legislation patterned after the Rooney Rule, the ``Beatty Rule'', we went after the Federal Reserve and we got Raphael Bostic. My question is to you, Ms. Akutagawa. Can you tell me, how does having a diverse slate of candidates positively impact the outcome of diverse candidates fielding the position? Ms. Akutagawa. Thanks for asking that question, Congresswoman Beatty. One thing that I want to just bring up is that when you have diverse board members, when you have diverse leaders or executives, I think that there is that perspective that they bring. And one of the things is that sometimes they can always also recognize leadership that may not show up in the normal way. I think that in this country there is a prevailing perspective of what leadership is supposed to look like, and that if you can't see beyond it then it may be difficult to then see someone who is diverse that they too can also-- Mrs. Beatty. To Mr. Lumbra: According to your most recent Board Monitor report, women fill 183 of the 462 open boardroom positions at Fortune 500 companies. However, racially diverse candidates did not seem to get the same gains. Was your company retained to source diverse candidates or do you know how many diverse candidates were on the slate? Mr. Lumbra. To be clear, do we measure the slates and the amount of diversity on those slates? Mrs. Beatty. Yes. Mr. Lumbra. Indeed, we do. We made a commitment at the beginning of this year that we would, on a global basis in the aggregate, have diverse slates of at least 50 percent diversity introduced to clients around the world. What we have discovered in our business is, if you have a very small number of diverse candidates on a slate, it is almost a very low probability anyone will be chosen. If you have an amply diverse slate, then the probability of a diverse candidate being selected is much, much higher. So, we have endeavored that. Mrs. Beatty. Thank you. I have one last question that I am going to ask everybody to say yes or no to. Do you see the relevancy of why many of us--and I have been doing this ever since I have been in Congress--trying to advocate for getting Harriet Tubman, a woman, a woman of color, on the $20 bill? Do you see the value when we talk about diversity and inclusion here in this Financial Services Committee? Would you support that initiative? We will start with you, Ms. Gurkin. It is a yes or no. Ms. Gurkin. I don't think GAO has a position on it, but the symbolism of women in leadership-- Mrs. Beatty. Is that a yes? Okay, we need to go. I only have 70 seconds. Mr. Visconti. Yes. Mr. Lumbra. Yes. Ms. Akutagawa. Yes. Ms. Martinez. Yes. Ms. Creary. Yes. Mrs. Beatty. Thank you, and I yield back. Chairwoman Waters. Thank you very much. The gentleman from Arkansas, Mr. Hill, is recognized for 5 minutes. Mr. Hill. Thank you, Chairwoman Waters. I appreciate the opportunity to have this panel. And I agree with my friends on the other side that this is a good day to have this very broad and good discussion on this topic. Over my years in business--I am 40 now. I was looking at my college graduation notice. That is a little frightening. But in that time, I have spent a lot of time both in public companies and private companies over the years and have been the C-Suite officer responsible for HR in a public company. And then in my own business, I was reflecting on forming it back in 1999, and we had 7 directors and 3 of those were women. And we had an outstanding outreach across our business on trying to recruit both employees and officers of color as well as having diverse leadership. This is an important issue and I have studied it really even when I was going back to my days at the Treasury Department in the early 1990s, working on corporate governance issues. It led me to go to UCLA and become a certified corporate director, and I was a long-time member of the National Association of Corporate Directors. So, I am very familiar with the issues we are talking about today. And I do think this issue that Dr. Creary talks about, which is a matter of intention, is critical. Think of the burdens these boards have. Let's look at post Sarbanes-Oxley corporate America. Let's say we have 11 people. We have people saying you should have a smaller board, not a bigger board, because it is more in line with Dr. Creary's point of view. We can build cohesion. So, we move a board from 15 to 11 now. We want an odd number so we can't have an even vote split, right? Now, we are 9 to 11. One of those people has to be a financial expert, according to the Sarbanes-Oxley Act. One is probably the CEO. So now, we are down to 6 or 7. Mr. Lumbra testified and Ambassador Martinez did that we don't have a lot of turnover in those people. Ambassador Martinez herself serves on multiple--I can't remember how many--three or four corporate boards. Now, we are down to this turnover issue. This is a hard job, is my point. All of the people here are working very diligently on it. One way that I think is a good way for corporate America to expand--and I want to thank my friend Joseph Vaughan at the Corporate Diversity and Inclusion Forum for helping me work on this in my district--was our HBCUs. Alma Adams is not here, but she co-Chairs our Historically Black College and University (HBCU) Caucus here in Congress. It is something I have been very involved in since I was elected to Congress. And I had an HBCU Summit in my district, and it was all about bringing all the corporate and philanthropic people in our district to Little Rock and to think about our HBCUs as a very robust recruiting forum for diverse recruiting for corporate business. So, Mr. Lumbra, if I could start with you, obviously, you are an expert in recruiting and retaining diverse talent, you have been doing it for a living for 2 decades. What is your best strategy when you recommend to your clients on that bench strength? You have a limited number of slots. You have to build expertise. What is your best--not employees now, but just stick with corporate governance now. What is your best way to build that bench that you recommend? Mr. Lumbra. There are a couple of things. You framed up the structure of a board really perfectly in terms of the world we are seeing today, smaller, tighter. Every seat matters even more. Being incredibly disciplined about what skill set do you need in that seat really. You need CEOs on the board, but you may not need seven of them. You need financial experts on the board. You may need people who do business internationally or know manufacturing or whatever the company's-- Mr. Hill. And 50 percent of the S&P 500's revenues are international. Mr. Lumbra. Right. Mr. Hill. That is another diverse issue. Let's say you are an S&P 500 company and you have 50 percent of your revenue internationally, let's take one of our 9 to 11 slots and say it should be somebody from abroad. We are down another slot. How do you build those lists for IT, cyber, human resources, who are not C-Suite people and recommend them for boards? How many are on that list? Mr. Lumbra. First of all, you look for multidimensionality. You look for people who can do more than one thing. As an example, to use your notion, someone who has grown up in a Fortune 500, who has had international stints, who knows global business, who may be a woman or a minority. You get all of those things you are looking for in one person. So, research is very, very key, and knowing that market is critical to be able to achieve that. Mr. Hill. We want diverse boards that reflect--we want them with the skill sets to have the fiduciary obligations to meet the mission of a board of directors. And we thank all of you for your contributions to better boards. I yield back. Chairwoman Waters. Thank you. The gentleman from Illinois, Mr. Garcia, is recognized for 5 minutes. Mr. Garcia of Illinois. Thank you, Madam Chairwoman. I also thank the Chair of the D&I Subcommittee for this hearing and, of course, I thank all of the panelists who have testified this morning. Walmart is America's largest employer and, according to the firm, 43 percent of its U.S. associates are people of color and 55 percent are women. Is the panel aware of the racial and gender composition of Walmart's board of directors? Let me help you. There are two people of color and three are women. Given the makeup of Walmart's workforce, do you believe that reforming corporate governance laws to include worker representation boards would dramatically increase board diversity? Any of you? Mr. Visconti. Regulation is key. It has to be regulated. It is not working the way it is right now. And the impact of a company the size of Walmart on the average American is so outsized, we have a right to be represented on their board and in their senior management, we the people in our composition. So, yes. Mr. Garcia of Illinois. Anyone else? Ambassador? Ms. Martinez. I am going to make the point that mandates are, by definition, very hard to swallow, and I am sure you are familiar with this phenomenon. One of the thoughts that has been running through my head as I listen to all of you asking questions and answering them is you have now heard from people like us here, but what about inviting CEOs to get them to comment on all of the recommendations that your committee has put together and let's see what they would do with that, because ultimately they are the decision-makers. They are going to hire the high-driven struggles. They each have their own board culture to deal with. And trust me, as a person who has served on lots of corporate and nonprofit boards, every board has its own very distinct culture. Mr. Garcia of Illinois. Thank you. Not only do I think that worker representation would enhance gender and racial diversity, I also think that it would result in higher wages for workers. Beginning in the 1970s, for example, wages for the average American worker stopped growing in pace with worker productivity, and corporate boards began pursuing the business model that prioritized paying out their shareholders above all other considerations. Boards even began paying their executives more and more through stock, and that led to an increase in stock buybacks, where firms juiced their own stock price by purchasing their own shares on the open market. When firms adopt a shareholder-first mentality, they neglect other considerations: long-term business growth; research and development; and especially, worker pay. Yesterday, I introduced the Reward Work Act, which bans stock buybacks and requires that one-third of each public company's board be directly elected by its own board. Research shows that wages in countries that require worker representation on corporate boards are 18 to 25 percent higher than wages in the United States. For the panel, do you agree that worker representation would help lift wages and get companies to think beyond their wealthiest executives and shareholders? Anyone? If not, I would just close by noting that Walmart has authorized to spend $20 billion on stock buybacks in 2018 and 2019. According to the Roosevelt Institute, if Walmart had ended its stock buybacks and spent $10 billion on increasing wages instead, one million low-wage Walmart workers would enjoy an hourly wage increase of $5.66. Moving to another topic, an analysis of Fortune 1000 company boards found that 75 percent of those companies did not have a single Latino/Latina director. Ambassador Martinez, do you have any insight into why the number of Latino/Latina directors is declining? Ms. Martinez. It was never very big to start with, unfortunately. And I think, unlike other groups--I am thinking of women's groups. The women have been very creative, assertive, and they have developed many entry points. And I think this new organization that I am representing here today is an effort to correct that. Added onto the work of, say, HACR, the Spanish Association for Corporate Responsibility, I think this new group is going to be very helpful in that effort. Mr. Garcia of Illinois. Thank you. I yield back, Madam Chairwoman. Chairwoman Waters. Thank you. The gentleman from Georgia, Mr. Loudermilk, is recognized for 5 minutes. Mr. Loudermilk. Thank you, Madam Chairwoman. Thank you all for being here. It is a very interesting topic. Dr. Creary, I appreciate the research you have been doing. And from what I understand of your research, what is showing as diversity in boards is positive, but it seems to be more so in the diversity of ideas and perspective more than just the demographics of race and gender, et cetera. Does that summarize kind of what your findings have found, is more ideas and perspective? Ms. Creary. It is not suggesting that one form of diversity is better than another. It is suggesting that when we think about diversity of perspective in addition to thinking about demographics, that is when we actually begin to see, according to the people whom I have interviewed, positive effects. It is hard to say. We are not doing that kind of research, where we are saying which one is better and which one is contributing to the effect. I want to make sure that is clear. It is not like a horse race. Mr. Loudermilk. But sometimes perspective can transcend into gender or different communities, because of the needs of different communities or the customers who are in those areas. So, I can understand that. One of the things that I was trying to do is to categorize this into different industries, especially in financial services. Georgia has a lot of fintech and payment businesses, and we have seen a significant rise in these companies. And some in the traditional banking industry feel somewhat threatened by these new automated type industries. They feel that they are going to take some of their market share in the future, which very well could be. And it appears to me that it is because they are bringing in people with different ideas outside the status quo, bringing in ideas, bringing innovation, perspective, hitting certain customer bases that traditional banking may not be serving. Do you feel like that is kind of what drives these industries to innovate, is that they do go outside the status quo? Ms. Creary. Definitely. But I think the point that you are hitting on here is there is a level of discomfort with diversity. And so if we are trying to explain why there isn't diversity, it is because we have traditionalists who are concerned about what effect that will actually have on their firm. That is actually the issue we need to address, to help people who are traditionalists to understand why things need to change. I think at the same time, it is also important to think about the fact that diversity of thought, which is an idea that has captured I think the minds of many people in corporate America, is not necessarily the only piece of the story here. When we think about what we are trying to achieve as a board or as a company more broadly, we are actually trying to access talent and we are actually trying to access markets. And so, we do need different types of diversity in order to do that, including the social forms of diversity. What we are trying to accomplish, I think, through the research on boards and workforce, is to put all hands on deck, all forms of diversity on deck in order to target those two goals around accessing the best talent so that our companies will perform well and accessing the market so that our company will also and our economy will perform well as well. Mr. Loudermilk. Okay. And I appreciate that. When we look at these boards, especially with the technology era we are in, it seems like diversifying on the board to bring in people from different communities than what you would traditionally see in a banking industry or something can bring a perspective from that particular community of needs of those customers. What can companies do to foster this new thought of diversity, of bringing in new ideas and perspectives? Ms. Creary. I have an example for you. Recently, Shaquille O'Neal, famed basketball player, was appointed to the board of Papa John's after Papa John's had some issues with its chairman saying a racial slur on a conference call. And I think many were concerned about Shaquille O'Neal being on this board, what is he going to do, not knowing that Shaquille O'Neal has been a master investor in fast food restaurants, including 27 Five Guys in the last several years. But he is also somebody who is really connected to the urban community. And I think it is that narrative that is helping people to understand who might not at a surface level see his value that, in fact, he actually does have business value and he actually is connected to this community that you are actually trying to regain or to seek out in your efforts to diversify your market base. Mr. Loudermilk. I see I am about out of time. It is very fascinating. Thank you for your responses. I yield back. Chairwoman Waters. Thank you. The gentlewoman from Texas, Ms. Garcia, is recognized for 5 minutes. Ms. Garcia of Texas. Thank you, Madam Chairwoman, and thank you for bringing this topic to the table. It is one that I have followed for years. And it is very distressing that some of the numbers that we are seeing are not really significant improvements. In fact, they are barely improvements. By way of background to the panel, I served as the elected city controller in Houston. In fact, it was my first elected position. And one of the things that always surprised me was that any boardroom that I was invited to, and especially whenever I went to Wall Street for any of the pricings that we did in our bond deals, I was faced with nice-looking white men in dark suits and a red tie maybe, but mostly blue ties. And there were no people who had my Spanish surname or women who looked like me. And it seems like we have not made much progress. And it was really interesting to look at the handout that you had, Ambassador, that clearly paints the picture of, while the percentage looks like it has improved, the actual numbers are really small. I just wondered, what is it going to take to really get some movement in this direction? Is it going to have to be this legislation? Is it more legislation? What do we have to do? And I wanted to start with you, because, as the only Latina at the table here--and Latinas have the worst record and, of course, all women of color have challenges in this area--what can we do so that when we look at diversity, we look at all of it? Ms. Martinez. I think what we need to do--and I think you want to especially focus on Latina diversity, if I understand your question. The Latino Corporate Directors Association is a very new organization. I think they have a very-- Ms. Garcia of Texas. Right. My office has met with them. By reference, I was involved with that, I said at the very beginning. I attended one of the Harvard programs that was there at the business school. Ms. Martinez. Yes. What I think would be really beneficial is for them to grow as quickly as possible and as strategically as possible, but also to leverage the other institutions. And certainly when it comes to women, there are catalysts. There are women corporate directors. There are so many different organizations. And I know that the Latino Corporate Directors Association has some very strategic plans in its near future, in terms of things that they have-- Ms. Garcia of Texas. But are you all getting the meetings with the CEOs who make the decisions on that to be able to implement the strategies, because we can have a great list of things to do, but if we don't have the meetings to effectuate that strategy, it might as well sit around collecting dust? Ms. Martinez. I agree. When you look at the membership roster, which I was just doing last night, it does seem to me that they have the connections, if you will. And as we all know in this room, it is all so much about connections and who do you know and who trusts you, who is going to vouch for you, who is going to say, ``She is not crazy, she is going to be able to walk in and ask questions in the proper manner'', sort of thing. That, I think, is the way for us to go at this point in time. Ms. Garcia of Texas. Mr. Visconti, I will follow up with you, then. One of the things that I also saw was that there was recruitment sometimes for some of us to sit on what they call community advisory boards, which was really not the board. Is that still happening? Is that just another trick that is played with some of these numbers, or are all these numbers reflective of full board paid memberships? Mr. Visconti. I am not an expert in that area, but what I will say is it is the accountability that drives home results. So, if a CEO or chairman of the board is holding people accountable, and firing people who cannot perform, that is when you see the numbers change, without excuses. Ms. Garcia of Texas. Right. Ms. Gurkin, when folks get on these boards, are they being pigeonholed, if you will, to serve on the committee on community relations or the committee for--I forget what other committee there was, but there were committees that were not the finance committee. They are not the decision-making committees on the major issues impacting those banks. Ms. Gurkin. We actually didn't look at where women and minority board directors, which committees they were on, but one of the strategies that we actually heard was strategically putting women and minority board members on the governance or on the nominating board committee, to ensure that they were put into a position of power to increase the commitment to diversity and continue to recruit for more diverse board members. So, it is kind of the flip side. Ms. Garcia of Texas. All right. Thank you. And I yield back, Madam Chairwoman. I think I am out of time. Chairwoman Waters. Thank you. The gentleman from Ohio, Mr. Davidson, is recognized for 5 minutes. Mr. Davidson. Thank you, Madam Chairwoman. I thank you all for your devotion to this cause and your efforts to make the public more aware about it and to inform me and my colleagues. I want to ask something that hasn't come up yet. And I don't know for sure if any of you are prepared from looking through your comments to address it, but how diverse are our boards in America compared to corporate boards around the world? Ms. Martinez. May I address that, because-- Mr. Davidson. Please. Ms. Martinez. --when I served as Ambassador to Argentina, there are 500 American companies doing business there, and there is an Argentine-American Chamber of Commerce, and I did a lot of work with that Chamber. And it was very interesting to me that the Argentine companies really valued the interaction they had with the American companies; and they especially were interested in the American companies' commitment to corporate social responsibility, to professional development of its employees, and they were starting to really look at board composition. In Argentina, I don't know if it has a law with respect to corporate board service per se, but they do have a law with respect to their Congress, that X percentage of the Congress has to be women. Mr. Davidson. Thank you for that. And that is one comment you were quick on. And some people would talk about Europe, and they do have a mandate in the European Union for sex and really male and female, I believe. And here, I have I haven't heard the word ``sex'' used a single time. I have heard ``gender.'' So if I could just go down the line, maybe starting with Ms. Gurkin, do you differentiate between ``sex'' and ``gender?'' Just yes or no. Ms. Gurkin. For the purposes of our work, we looked at male and female board members. Mr. Davidson. Mr. Visconti? Mr. Visconti. Yes, the phrase ``gender'' is the one that is used commonly. Mr. Davidson. Okay. So, no differentiation. You just blur the two. Mr. Visconti. I haven't used the word ``sex'' to describe a board member, so ``gender'' is the one that we use commonly. Mr. Davidson. Okay. Mr. Lumbra. ``Gender'' is also the word that we use. Ms. Martinez. ``Gender'' has been the commonly accepted term used, and I have used it. Mr. Davidson. All right. Ms. Creary. Same. Mr. Davidson. Okay. Some of the datasets are blurring sex and gender because we spent a lot of time talking about gender here lately and the concept of a social construct where biologically male and female are different. Does that kind of diversity matter? Ms. Martinez. Yes. Diversity is diversity, and it takes all shapes and forms. Curiously, some of the diversity that I provided on some of the boards on which I served was political diversity, that I was one of the few Democrats on the board. Mr. Davidson. We spent a lot of time on some of our things in the military talking about this. It came up as--clearly, there has been a difference in the current Administration and the past Administration on transgender and transsexual people, but you also have historically looked at sexual difference, male and female categorically versus gender. Only recently did we start to use gender to differentiate people other than male and female for some of these categories. And that is my concern on the dataset. When you look at racial and ethnic diversity, our country really is different than most of the world. We have become the melting pot, truly the world's land of opportunity. Everyone around the world has people who are leaving their places and coming to our places. And to be fair, some Americans do leave here and go elsewhere. We have a large expat community, but truly this is the world's land of opportunity. Our companies flourish, and I would say part of the reason we have flourished is we do actually have diversity in America. And so I am encouraged by the amount of progress that I have seen in diversity in my lifetime. I know, as a kid growing up, first, you don't know any difference about anything and then you see how people treat you differently. And then when you are with one group of friends, you will see how things happen differently with this group of friends, and when you are in a homogeneous group how things happen differently there. And sometimes that is with peers. Sometimes that is with people from an older generation. Sometimes, unfortunately, that is with people from law enforcement and other communities. With respect to corporations, I think you have done a nice job highlighting some of it. I think we should do more to celebrate how strong the United States of America is, and, in fact, partially because of our diversity. I yield back. Chairwoman Waters. Thank you. The gentleman from Texas, Mr. Green, who is also the Chair of our Subcommittee on Oversight and Investigations, is recognized for 5 minutes. Mr. Green. Thank you, Madam Chairwoman. I thank the ranking member, I thank the witnesses for appearing, and I would compliment the Chair for hosting this hearing and I acknowledge that the Chair is probably the hardest working--maybe I will just say one of the hardest working Chairs in Congress. She sits through these hearings, if you have noticed, and I think that sends a very strong message about the concern that she has. So, I compliment you, Madam Chairwoman. Dear friends, I believe that a picture is worth a thousand words, and as a result I have a couple of pictures that I would like to show you. Ambassador Martinez, it is my belief that you have indicated that we should quiz the captains of industry about their circumstances with reference to having persons who are minorities, women. Ms. Martinez. As a diplomat, I would say invite them for a conversation. Yes, sir. Mr. Green. All right. Let me just share this with you. We did that, and I would like to just share some of the conversation with you. But I did make a mistake when I had this opportunity. I mentioned women, and I mentioned persons who are of color, but I did not mention LGBTQ. I think we have to be inclusive in all ways. I don't think we can leave out any segment of society. With this as my confession, I posed a question to the captains of industry, the heads of major lending institutions. The names need not be made available at this time, but I would like to show you this picture, because in this picture with these captains of industry, you will note that they are all seated and looking quite like the captains of industry they are. They all happen to be white men, all white men. I found that to be something worthy of noting at the hearing, and I did. But I posed the question to these captains of industry, all of whom are white men. You ought not be afraid to state facts. There are some people who don't want to hear me say, ``white men'', but you have to state facts. These were all white men, captains of industry. The question that I posed was one that dealt with their successes: ``If you believe that your successor is likely to be a woman or a person of color, raise your hand.'' This is the response. Raise your hand. Not one hand. Captains of industry, brilliant people all, not one hand. Well, understanding that maybe that was just a circumstance for the immediate future, I then posed the question to all of these white men--remember, we cannot avoid facts. I then said, in the next 10 years or decade, are you likely to have a woman or a person of color to succeed in your position? One, two, three, four hands, five hands. But notice, two of the captains of industry are indicating that in the next 10 years, they are not likely to have a woman or a person of color. That is why I am so grateful that the chairwoman is having this hearing. We have to be concerned about not only the lending that takes place in these institutions, but the leadership that takes place in these institutions. There is no empirical evidence to support the fact that doesn't exist, a fact that women, members of the LGBTQ community, and people of color, no empirical evidence supporting a notion that they cannot lead these organizations. There is none. We are beyond that old premise that we can't find any who are qualified. There are cable, competent, and qualified persons, and we have to change the circumstance. Thank you, Madam Chairwoman. I yield back. Chairwoman Waters. Thank you. The gentleman from Ohio, Mr. Gonzalez, is recognized for 5 minutes. Mr. Gonzalez of Ohio. Thank you, Madam Chairwoman, for holding this important hearing. And thank you to our witnesses for your participation. One of the things I am most proud of and enjoying the most in my time in Congress is my time on the Diversity and Inclusion Subcommittee here inside of the Financial Services Committee. Chairwoman Beatty, who spoke earlier, is doing a phenomenal job, as is Ranking Member Wagner, and I just can't be more appreciative of that. And I know that Chairwoman Waters is largely responsible, so I thank her. Another thing that I work on a lot is diversity/inclusion inside of STEM fields on the Science, Space, and Technology Committee, as I mentioned earlier. And I will tell you, of all the work that I am doing here in Congress, when I am back home, which is the Cleveland area for me, when I am back home in northeast Ohio, the work we are doing here is probably that which folks are most excited to talk about. KeyBank, in particular, which is in many branches in my district, is doing a great job. I think, Mr. Visconti, you may have cited them in your testimony, so I am really pleased that we are having this hearing. Dr. Creary, I want to kind of turn to you for my question, my first question. You talk a lot in your testimony about the difference between hierarchical and egalitarian board structures, and it is not in a diversity--just a check-the-box form of diversity that drives business performance, but really it is how you conduct yourself in the board environment. How are those studies going? And are you finding direct causal relationships between the egalitarian version of a board meeting versus the hierarchical? Ms. Creary. We are not yet to the place where we can establish causality, so the report that I shared that was recently published on March 27th, is as far as I have gotten. Mr. Gonzalez of Ohio. Got it. Ms. Creary. We have conducted a larger survey, although it has been extremely hard, as you can imagine, to get board directors to participate. We do have about 100 board members who have participated in that. And so we are looking at analyzing the data, which will only establish correlational effects, which is, essentially, what we have to deal with at this time. I think it is not easy, in general, to do science and certainly on this population, I think they are busy, but also there is a lot of concerns around anonymity and confidentiality. So, while I would love to have these answers, and I am sure we all would, it goes a long way to say that even getting 20 people to participate is good information. Mr. Gonzalez of Ohio. Right. You said we can't--right now, the best we can do is the correlation component as opposed to the causation. What is holding us back? How could we get to causation? Ms. Creary. It requires a critical mass of people participating--we need data. We need lots of data. Mr. Gonzalez of Ohio. Got it. Well, I encourage you to keep pushing forward on that. It is a great initiative, certainly. Dr. Martinez, I am a son of Cuban immigrants. My father immigrated here from Cuba in 1960. And when I am home and I am speaking to the Latino community specifically, in many instances, they feel left behind, like we are not getting the attention that we deserve back in the community. Are you seeing that? Yes or no? And if you are, what can we do to make sure we are more inclusive of the Latino community as well? Ms. Martinez. Get involved. Just stay involved, as you are, and encourage others to do the same. There is no substitute for involvement at whatever level interests you, you are especially interested in the STEM issues and diversity and inclusion, but education is going to be such a key, and there are more and more Latino advocacy groups near you in Cleveland and to get involved with all of them. Mr. Gonzalez of Ohio. Thank you. And for my final minute, I want to turn to Mr. Visconti. You had one part of your testimony that was interesting, to say the least. You said the NFL is a de facto plantation. I have some experience. I played in the NFL for 5 seasons. I think that is patently false, first of all. But let me ask you a question, have you ever watched the NFL draft? Have you ever watched it? Mr. Visconti. No. Mr. Gonzalez of Ohio. Never? Mr. Visconti. No. Mr. Gonzalez of Ohio. Okay. Just to kind of catch you up, the way it typically works is, you are sitting there for hours, and if you are lucky, your name gets called. And typically, what happens is you see a scene where family is all around the individual--this is my own story--family is all around the individual, and it is a joyous celebration. Normally, the individuals cry or they are giving hugs to whomever it is because it is a joyous occasion. It is literally the fulfillment of a lifetime of work and dedication. The average salary in the NFL is over a million dollars--$1 million average salary. This gives people an opportunity to take care of their family and a community in a way that they have never imagined. And I think words are really important and how we label things is really important, and to call the NFL a ``plantation'', which evokes the worst original sin of our past as a nation, I think is false, and I hope you will correct the record. Mr. Visconti. May I respond? Mr. Gonzalez of Ohio. I yield back. Chairwoman Waters. The gentlewoman from Michigan, Ms. Tlaib, is recognized for 5 minutes. Ms. Tlaib. I would like to allow you to respond. Mr. Visconti. How do you describe a system where almost 100 percent, except for one person, of owners are white, and 70 percent of the players who earn those people their money are black? It is called a ``plantation'', and that is what it is. Mr. Gonzalez of Ohio. Can I get 30 seconds? Ms. Tlaib. No. I reclaim my time. Mr. Gonzalez of Ohio. Thank you. Ms. Tlaib. Thank you so much for--I love it, because I have a chairwoman who believes in allowing, especially women of color, to have access and a voice in this committee. I do want to tell you a story. When I first decided to run, it was like in February of last year, and there was a woman who comes up to me, and she is Palestinian like me, she also shares my faith, Muslim faith, and she kind of just, like, hugged me and looks at me and she said, you have to win. And, of course, the pressure. And I said, well, we have already won. The fact that I am running as is as a proudly Palestinian Muslim, as a woman, and all of these, important identifiers to me. And I paused and I look at her, and she says, ``No, you don't understand, you have to win, because if you win, that means we belong.'' And it was a powerful moment because I thought to myself, as I was running, it was for me fighting against corporate greed, the fact that I represent the third poorest congressional district and I wanted to fight back, but to me, I understood there was so much more to me being in this space. And it is very telling of why this committee hearing is so important. And one of the things that I remember in the nonprofit sector is foundations would ask us the makeup of our board when we applied for grants to combat poverty. They wanted to make sure that the nonprofit boards and the folks who are serving those communities reflected the community. And I am wondering, in the corporate world, like, if I go to Walmart's website, if I go to these corporation websites, am I going to get that chart that many of these foundations ask these nonprofit agencies to do, the chart that said this is how many women, this is how many African Americans, Latino, all those, I think, important factors. Do you see a move and some corporate responsibility in sharing that on their websites and very publicly? And I would like each of you to have time to answer that. Ms. Gurkin. We actually didn't look to see if the information was available on their websites, but we did look, and we talked to a number of industry officials about sharing that information with their investors. And a number of industry officials said that the most powerful force of change is the demand of investors as shareholders to see increased levels of diversity on their board. Mr. Visconti. It should be there, but it is not. More and more, you are seeing boards being pictured and executive leadership being pictured, and I think that is a very positive step in the right direction. You could look on the company's own website and see who they position as leadership. That's very important. Mr. Lumbra. In my experience, it is uneven. For some companies, it is quite easy to find out and you can see; for others, you have to do some research, so it is not consistent. Ms. Akutagawa. Yes. As someone who looks at a lot of this, it is inconsistent. But I also want to say as someone who is also looking a lot at nonprofits and foundations, they are not showing their data either, and that is why--especially the bigger ones. The power dynamic there is a lot different, so-- Ms. Martinez. I have the same experience as Ms. Akutagawa. Ms. Creary. I just want to remark on the question earlier, were we inferring gender and sex and using those interchangeably? We have a long history of doing research in academia that is inferring gender and sex and making conclusions about its effect on anything, including board performance, based on the pictures that we have seen. It would be interesting to know that if we actually started asking people about their gender identity, how would any of these effects pair out. Ms. Tlaib. No, it is important. And lastly, one of the things, and again, in the nonprofit sector, we did these diversity trainings. What is diversity training to you all? Because some of the trainings I have gone through, to me, they were not diversity. Can you shed some light into that? And I just want to get it on the record for this committee. I think there needs to be a discussion about what is defined as--people easily put ``diversity'' in front of something and say that is the training, diversity training, diverse board, and it is not reflective. Mr. Visconti. When Starbucks got into trouble, they decided they could fix their whole issue in 6 months. It is going to take them 4 years to get rid of plastic straws. It is garbage, most diversity training. Ms. Tlaib. Thank you so much. And I yield back the rest of my time, Madam Chairwoman. Chairwoman Waters. Thank you. The gentleman from Kentucky, Mr. Barr, is recognized for 5 minutes. Mr. Barr. Thank you, Madam Chairwoman. And I would like to yield to the gentleman from Ohio, my friend, Mr. Gonzalez. Mr. Gonzalez of Ohio. Thank you. So, Mr. Visconti, you mentioned the Rooney Rule as a failure, and I want to just kind of go through some stats. From 1921 to 2003, there were 7 minority coaches--1921 to 2003. From 2003 to the present, 18. I think broadly, the NFL is like most of society, in my opinion. It is imperfect. There is a lot of work to do. There is a lot of progress still to be made, but to deny the opportunity that is created for the families and the athletes and call it a ``plantation''--again, I think words matter. I think we can talk about this and talk about the progress that we need to make and that will be a healthy productive dialogue, which I think has been the case for 99 percent of our time here in this hearing today, but I think we need to be very careful with how we are labeling things. And that is all I want to say. But with that, I will yield back to my friend, Mr. Barr. Mr. Barr. Thank you. And I appreciate your perspective, your personal perspective with the NFL. Not many of us have had the privilege or the talent to have played in the NFL, and I trust people with personal experience, and I appreciate your perspective. The good news is that the number of Fortune 500 companies with boards that consist of more than 40 percent women and minorities has doubled since 2012, and I think we can all celebrate that increased progress in diversity. Dr. Creary, can you speak to the recent trends regarding the diversity of boards, and what factors have contributed to that improvement over the last few years? Ms. Creary. That is a great question. Certainly, I think many would characterize the first wave of focusing on the business case for diversity, and we were there for a very long time just trying to establish some semblance of a relationship between the composition of a board and outcomes for the firm. We have moved recently, in the past 5, 10 years, into a wave of, I would say, peer pressure, where institutional investors and asset managers are beginning to understand, not only that this is important, but they actually have to engage in peer-to-peer tactics to help boards understand that this is an important issue. I would say that is where we are now, pressurizing boards to begin to take the responsibility for allowing the--all of the investment that we have done in research and in practice to actually be realized. Mr. Barr. Dr. Creary, were any of the factors since 2012 in terms of enhanced diversity government-imposed diversity mandates? Ms. Creary. This would be where the corporate arena is actually leading in implementing practices without regulation. Certainly, when you think about the evolution of the diversity and inclusion conversation in corporate America, there are only mandates right now in the U.S. as to engage in strategies that say that they are looking. And so much of the work that has been done has been done because firms have taken the responsibility, certainly with pressure from outsiders, to engage in this work. Mr. Barr. There obviously is evidence that board diversity can enhance company competitiveness and profitability, and that the market itself is rewarding diverse firms. My final question to you, Dr. Creary, is, I was very impressed with your testimony about the importance of culture and the fact that you might have tokenism, which is not real, meaningful diversity; it is more about boards actually utilizing the diversity, utilizing those diverse views as opposed to what I would say is superficial diversity. I am concerned, and I would like your feedback, that government-imposed diversity quotas, as opposed to these market-based incentives, would actually contribute more to tokenism, would contribute more to a superficial diversity, as opposed to that culture that you describe in which people are valued, not based on the color of their skin or their gender or their sexual orientation or immutable characteristics or their age, but actually the content of their character, actually things that matter, like their talent, like in the NFL, where it is really not about your race, it is about your talent. Can you win the Super Bowl? Can you catch the pass? Can you score a touchdown? I could not do that. My friend could. So, to me, a government-imposed quota on racial diversity within the NFL is really not ultimately what matters. What matters is raising a trophy over your head. What matters is profitability. And so, what I would worry about is not having the right culture but imposing artificial diversity. I yield back. Chairwoman Waters. The gentleman from Georgia, Mr. Scott, is recognized for 5 minutes. Mr. Scott. Thank you very much, Madam Chairwoman. First of all, this is a very powerful and much-needed hearing. Second, we have some very informed witnesses. And third, Madam Chairwoman, you are providing great leadership in a very important area. Now, there are, right now, only 3 black CEOs running Fortune 500 companies, and that is down from 8 just 3 years ago. The number of women serving as CEOs went down 25 percent from 2017 to 2018. I discussed this issue at a hearing a couple of weeks ago on diversity with the need to get financial literacy, and I think it is very important that we continue to raise this point. Those are the facts. That is the picture out there right now. Some can run, but they surely cannot hide from just 3 African-American CEOs, down from 8 just 3 years ago, and the decline in women over the last year by 25 percent. Now, Mr. Lumbra, given that there are so few women and African Americans represented at the CEO level, how can board diversity increase more than marginally if boards do not expand their search pools beyond the CEO ranks? In other words, if you are truly apt to doing this, there are so many areas to reach into. I did a lot of recruiting in my day. I worked for a while for a firm called Recruiting Management Consultants. We went out and we would help major corporations--because it was one thing to tell the corporations to do this, and if you don't develop a mechanism to help them find where these qualified African-American women are, they quickly will come back and tell you, ``We tried but we just couldn't find them.'' They didn't have any plan to do that. And so I wanted to hear from you, Mr. Lumbra, am I right about that? There were opportunities in other areas. We would go and take advantage of the fine training and executive talent, decision-making, and understanding how to handle pressure by looking at former military officers--a lot of that is still done--who had command over huge numbers of people, risky at the time, having the capacity of sending huge numbers into war. There are a lot of places you can go to find that. Am I right about that, Mr. Lumbra? I think you mentioned that in your deal. Mr. Lumbra. In my experience, you are right. The fact of the matter is, and you said it beautifully, if you focus on sitting Fortune 500 CEOs, by definition, you do not have a diverse pool to look at. The talent that is senior sophisticated coming out of the military, out of academia, people who have been in service firms, who have run big businesses for big corporations, it is much, much more ample. In our experience, clients who have the courage to go and look and the discipline to look in those pools, much, much more easily and readily find diversity for their boards. The other point you make is an important one, which is, who makes decisions about CEOs? Boards. So, if we are concerned about diverse CEOs, we should be concerned about diverse boards who are choosing the next CEO and thinking about succession planning. That is another benefit and a plus for having a diverse board to look further down the chain at a succession plan in a company. Mr. Scott. Absolutely. We must expand our territory if we are going to expand the number of African Americans and women as CEOs on our boards. Thank you very much. Chairwoman Waters. Thank you. The gentleman from Wisconsin, Mr. Steil, is recognized for 5 minutes. Mr. Steil. Thank you. I thank you, Madam Chairwoman, for bringing today's hearing together. I served on--at two large companies, one a publicly traded company, and spent time advising in the boardroom, and I understand the importance of diversity in the boardroom and the value that that can add to our corporations. Dr. Creary, in an article entitled, ``When and Why Diversity Improves Your Board's Performance'', you wrote about how boards should expand their view of diversity and how they can make the most of diversity's benefits. Can you comment on how companies can successfully build more meaningfully diverse boards while avoiding, I think your phrase is, ``tokenism?'' Ms. Creary. Yes. I think it is certainly about, first of all, having criteria for what an effective board member does and who they should be, and then hiring people or recruiting people onto the board according to those criteria. That would require the board actually understanding and interrogating itself to know what makes for an effective board member based on what makes for an effective board. And I know this sounds pretty rudimentary, but that, in fact, is the issue that we heard coming up with time and time again is people are being picked or recruited for board positions based on arbitrary criteria and like having been a CEO or CFO, but when pressed, there isn't a lot of understanding as to why that is the most effective board member. I think it is about establishing criteria, holding to those criteria, assessing for skills and expertise is really would move us in a good direction. Mr. Steil. I appreciate that. And I would like you to contrast that approach with what we have seen from several European countries that have enacted requiring public company boards to have a certain percentage of female or of other diverse groups. You have written about the importance of fostering a board culture that encourages more diversity and collegiality. Can you comment on how these politics impacted board cultures in the countries in which those types of policies have been enacted? Ms. Creary. Unfortunately, I can't comment on that particular issue. What I can say is that outside of the U.S., there are actually more and more boards. I think where our country, I think we are up to 17 now that are actually following the European way of mandating required representation on boards. We really haven't done the research to understand how that is working, other than it is actually getting them diversity. In the end, if we think about what is happening, we are increasing diversity, but we don't know what the diversity is actually doing, is sort of where we are stuck. Mr. Steil. Thank you. Maybe I will go back then and note that in your previous article that I referenced, you wrote that to make more diverse boards more effective, you need to have a more egalitarian culture. What are some of the key strategies that companies employ to benefit the most from diversity and foster an egalitarian culture? Ms. Creary. It goes back to this CEO who is hired by the board themselves. Having a CEO who understands that the most effective way to run the board--I say CEO, but I also mean chairperson or lead director, the person who is actually leading the meeting--having them understand that the process of eliciting perspectives from different people in the room is really one of the most important strategies that can be put in place to change the culture of what is happening in the boardroom. Mr. Steil. Thank you very much. I thank you, Madam Chairwoman, for holding today's hearing on this important topic. And I yield back the balance of my time. Chairwoman Waters. Thank you very much. The gentlewoman from Pennsylvania, Ms. Dean, is recognized for 5 minutes. Ms. Dean. Thank you, Madam Chairwoman. And thank you to all of you who are here today. I apologize for being between two committees here, fortunately on the same floor, but don't mistake my in and out for an indifference towards this issue. I am pleased to be on the Subcommittee for Diversity and Inclusion. I held a roundtable at my office in my district--I am from suburban Philadelphia, so hello, Dr. Creary, from UPenn--and it was really fascinating. It was people from government, it was people from law, it was people from education, from industry, just all over--nonprofits, all over the board. And it was fascinating to hear the conversation because we prize diversity, we know it is the right thing. We know it is good for businesses and organizations. Here are quick takeaways that I had, and I would love any one of you to comment on some of them. Education was number one, from pre-K on. We have to have quality education and expose young people to multiple careers from an early age. High school is a great time, but man, oh, man, we ought to actually be showing them in the early years and in the middle schools career exposure. Relationships and mentorships, apprenticeships, those kinds of things are so invaluable. In my district in Montgomery County, we have pockets of real need and pockets of--for example, our county seat, Norristown, has a very big school system, but they don't have enough resources to see some of these opportunities. In the hiring piece, one of the things that one of the educators said, a superintendent said to make sure that the people who are sitting there doing the hiring are diverse, because otherwise they kind of just relate to people who look like them or have their similar backgrounds. That's very obvious, but really important. In seeking resumes, don't just seek from the ordinary pools. Pull from institutions or other partnerships that you have grown. Look for nontraditional backgrounds, and don't call experience the first thing. I heard one of you talk about the idea that people keep rising to the top because they have previous experience. Make sure that we are giving people the opportunity for experience. One of the most important things--and maybe I will end with this, and there were so many others. One of the most important things was a woman who is lead public defender in Montgomery County, now in Philadelphia County, an African-American woman said, ``When I became the head of the department, there was no leadership training. So, there I was. I had reached that level, but how do we retain leaders? We need leadership training.'' I say all of that to say, when organizations figure out that they have a gap in diversity, what are some of the most important key takeaways as they set their goals that we should know about, and maybe it has to do with, if you could focus a little bit on the notion of leadership training. Maybe I will start with Mr. Lumbra, and then I will go to Mr. Visconti. Mr. Lumbra. The developmental pieces--I loved your analogy with the person in Montgomery County, in the role, who had no training. One of the challenges that we are seeing in leadership development is executives are being trained to be leaders, not being trained to be directors. Giving them exposure to governance before they are ready to go on a board helps create a board-ready pipeline for diverse talent. And that is one of the things we are talking about today is, how do you build that pool, a pool of people who are to become board- ready? So, effectiveness in terms of training and developing executives to be ready to go on boards is really important and something we are part of. Ms. Dean. And is it something that you do in a sustained way that once somebody gets to that kind of a position, that you stay with them, or you have places where they can go for different kinds of training? Mr. Lumbra. There are a multitude of ways. Some educational institutions, like Wharton and Stanford and Harvard and others. Other firms, like ours, who are involved in that. Boards--some boards have great onboarding and development programs themselves to help their own executives and their own boards and new directors to become effective. Ms. Dean. Okay. Mr. Visconti? Mr. Visconti. To leverage what he said, it is accountability for failure of process that matters in making progress. And to give an example, PricewaterhouseCoopers was the first big four accounting firm to have a non-HR person in charge of diversity. When that person, a senior partner, in the firm rolled off of that job, he became responsible for the committee that took people who are accountants and made them partners. And when he would come to--they would have a board meeting and the peoples' files would be on the screen. When he would come to a person--and he said it was most likely a non- white person or a woman--who didn't have the right experiences to be promoted to partner, he would stop the meeting, call up that person's boss, and say, why didn't Kathleen have the right experience? Her file is in front of this committee and she is not ready. You are her boss, why didn't it happen? That changes the conversation when there is accountability from the top. Ms. Dean. That is great. And, Dr. Creary, in your research, we talk about diversity and sometimes--oh, my goodness, I'm so sorry, my time has expired. Thank you. Chairwoman Waters. Thank you. The gentlewoman from New York, Ms. Ocasio-Cortez, is recognized for 5 minutes. Ms. Ocasio-Cortez. Thank you, Madam Chairwoman. Before I enter my mainline of questioning, there are just a few things I would like to clarify from some statements made across the aisle. One, there were some odd and bizarre comments made about sex and gender, and I just want to clarify. Would our transgender candidates for corporate boards welcome and celebrate being included as part of diversity on your board? I will just go down the line, yes or no? Ms. Gurkin. Yes. That would be within the definition of diversity. Ms. Ocasio-Cortez. Mr. Visconti? Mr. Visconti. Yes, it would. Ms. Ocasio-Cortez. Thank you. Mr. Lumbra. Yes. Ms. Akutagawa. Yes. Ms. Martinez. Yes. Ms. Creary. We didn't ask. Ms. Ocasio-Cortez. Okay. Thank you. I just want to make sure that that was clarified. Second, there was some conversation here about the NFL, and one of my colleagues across the aisle said the NFL is like most of society. And I would actually agree with him because the NFL is where white billionaires govern the majority of power, and women and people of color work for them and give them their margins. Mr. Visconti, would you say that that is what you were getting at? Mr. Visconti. It goes even further, because the players get to have their brains beaten in and have long-term healthcare problems that are not covered by the billionaires. Ms. Ocasio-Cortez. Right. And also, when we say the NFL is like most of society, we were talking about average wages and average salaries. So, the average is a million dollars, right? Maybe that is because the highest-paid player, Aaron Donald, has signed a 6-year contract for $135 million, and the lowest paid--one of the lowest paid first-year rookies is $480,000. So, we get to claim those salaries and it appears as though salaries are much higher than what is lived and enjoyed by the majority of people. Would you say that is correct? Mr. Visconti. It is a short lifespan as a career, too. Ms. Ocasio-Cortez. Okay. Thank you. And I will move on to my main source of questions. We are here talking about corporate boards. And to clarify and recenter, corporate boards, would you say, Ms. Martinez, are the main source of governing power over a given corporation, correct? Ms. Martinez. Yes, I would say that. They are legally the main power, yes. Ms. Ocasio-Cortez. And who sits on a corporate board? Corporate boards have power, predominant power over a company, and we are talking about massive companies as well--Walmart, McDonald's, et cetera. And so would it be fair to say that who sits on the board is who has large-scale power in a company, in a corporation? Ms. Martinez. Yes, I would say that is true. And in the past--and I have been privileged to have served on a corporate board starting in 1983, so I have seen some evolution there. And when I first went on a corporate board, it was basically the friends of the CEO, people who knew each other. Over time, the concept of board assessment came into play, and that plays a very important role because it speaks to Dr. Creary's point about, what does this board really need? So, there are changes that have taken place and continue to take place. Ms. Ocasio-Cortez. Thank you. And I find it fascinating that even in your experience, corporate boards were more of a friends and family situation. So if you were a CEO, you could put your friends and family in strong decision-making positions, correct? Ms. Martinez. Absolutely. Ms. Ocasio-Cortez. Okay. Thank you. So really, this is about power. And if a board is predominantly wealthy people, then it is wealthy people who have power in our private sector governance structure. If it is predominantly men, then it is men who have economic power. If it is predominantly white people, then it is white people who have economic power and decision-making over a company. And, in fact, in the first 6 weeks of 2019 alone, the Walton family of Walmart made $14 billion in 6 weeks, with a ``B'', after its corporate board artificially inflated the price of its stock by authorizing buybacks. And the practice is extraordinarily controversial, but a lot of people believe that in making $14 billion, especially while paying its workers poverty wages, this could end if workers actually had power, if workers sat on corporate boards. Mr. Visconti, if you could guess, what would McDonald's or Walmart's corporate board look like if their boards actually reflected their workers? What percentage do you think would be women and people of color? Mr. Visconti. It would be the appropriate percentage. Ms. Ocasio-Cortez. And if you could just take a stab at it. I know you may not have the number right in front of you, but if you could guess what percentage of women and people of color would make up McDonald's board? Mr. Visconti. The majority of the seats would be women and/ or people of color. Ms. Ocasio-Cortez. I have a figure here, 73 percent. Mr. Visconti. That doesn't surprise me. Ms. Ocasio-Cortez. McDonald's board would be 73 percent women and people of color if it actually represented the workforce that makes up its company. Thank you very much. Chairwoman Waters. The gentleman from California, Mr. Sherman, is recognized for 5 minutes. Mr. Sherman. I have been listening back in my office, and much of what needs to be said here has already been said. If we have boards that are diverse, that will inspire young people to seek the highest positions in the corporate world. It will lead to better corporate governance because we will have boards that can understand the market that they are focused on, understand their workers, understand society. And I think that information about board diversity is going to be relevant to investors because a company that has diversity on its board is probably a better long-term bet. But we should also keep in mind that while officers of a corporation have power, directors have power, the ultimate power is with the shareholders. And if a corporation doesn't meet shareholder needs, either the board will be replaced or, more likely, the company will be acquired, because if shareholders don't bid high for the stock compared to the value of the company, some other company will be able to buy them inexpensively. Ultimately, the power is with the shareholders. There are two other elements of diversity that I don't think have been discussed much here; although, I think our colleague from New York brought up the importance of having labor leaders and representatives of workers on the board. Did any of the witnesses address the desirability of having a leader from one of the unions that represents workers from a particular corporation being on the board? I know that is required in some European countries. If those witnesses want to address that with supplemental material, they should do that. And then, the second issue on diversity is people with disabilities. I wonder whether any of the witnesses has, in the materials they have submitted or otherwise as a comment, discussed including people with disabilities on the board? Yes, the gentleman--the gentleman who raised his hand? Mr. Visconti. I am Vice Chair of the National Organization on Disability. The Chair is Governor Tom Ridge, so there can be Democrats and Republicans agreeing and having conversations on this subject. But absolutely, people with disabilities are the highest percentage of unemployed people in this country with college degrees. It is a travesty that they stay at home and are not productive in our society and don't have the fulfillment of the individual desire to go to work and accomplish something. So, yes, it would be absolutely a very positive move to count heads of people with disabilities on boards. Mr. Sherman. And it would make sense, as we take these steps with regard to gender diversity and ethnic and racial diversity, to also report on persons with disabilities? Mr. Visconti. Yes, sir. Mr. Sherman. Does anyone else on the panel have a comment on that? Yes, Dr. Creary? Ms. Creary. Yes. I want to comment on both of the questions because I think it is an important one about having workers represented. This is not the same as a union representation, but I will tell you that we are having a challenge just getting the chief human resources officer represented on a board, and those, arguably, are the people in organizations who know a lot about talent. And so I would say the reason why it is not coming up is because the pushback against having anyone other than a CEO or a CFO represented is very strong, so it makes it very hard to even talk about unions being represented, but also human resources being represented. To the point about people with disabilities, I think for us it is the same question of LGBTQ. What we know is, we are not in a place yet, particularly in America, where we can ask these questions without fear of repercussions for the individuals who are asking to check boxes. As researchers, one of the things that we are cognizant of is that these are not protected classes in the same way that women and minorities are, so we can do research a lot more confidently on women and underrepresented minorities because we have some semblance of how to handle issues of discrimination in that process. We do not have the same provisions or the same protections for people who are LGBTQ, so it makes it really hard to want to invite those questions for the sake of the people on the other side who are being asked to answer that question. Mr. Sherman. If I can have 10 more seconds? Apparently not. Thank you. I yield back. Chairwoman Waters. Thank you. The gentlewoman from North Carolina, Ms. Adams, is recognized for 5 minutes. Ms. Adams. Thank you, Chairwoman Waters and Ranking Member McHenry, for convening this timely hearing. I have been running back and forth chairing a committee, so I apologize. I do want to thank Chairwoman Beatty and Ranking Member Wagner for their leadership on the Diversity and Inclusion Subcommittee. As many of your testimonies have outlined, making an investment in diversity and inclusion is not only the right thing or the moral thing to do; it makes good business sense. Companies and organizations function more effectively, and experience increased productivity, and greater profitability. When I first came to Congress, I was concerned about the lack of focus on Historically Black Colleges and Universities, so I launched the bipartisan HBCU Caucus. We have been focused on raising national awareness, educating Members of Congress, and increasing Federal investments in these schools. When I meet with companies and financial institutions, I always tell them, if HBCUs are not a part of the industry's diversity and inclusion strategies, then you are not doing it right. So, I look forward to this particular panel. For each of you, with such overwhelming evidence around the financial benefits of investments and racial and gender equity, why has it still not been achieved across-the-board, and why are companies still struggling with or, in some cases, resisting diversifying and building inclusive workplaces and boards? I am going to open that up to any of you who want to answer. Yes, Mr. Visconti? Mr. Visconti. I would say there is, in some cases, a benign neglect of the reality of our demographics and who is graduating from universities and, in some cases, it is over racism and sexism. Ms. Adams. Okay. Would anyone else like to comment? Yes, sir? Mr. Lumbra. We have talked about a few things today: one is the need to look outside of traditional networks; and one is the need to have turnover and think carefully about what is needed on boards and use that turnover to bring on diverse, contemporary talent. Ms. Adams. Okay. Thank you. Let me ask Mr. Visconti and Mr. Lumbra, in your observations of companies and organizations that are doing D&I effectively, what are they doing to ensure their boards are diverse? Mr. Lumbra. A couple of examples jump to mind. Intentionality is really important, to take a close look at the board, to look at what the company needs, what are the challenges, what is the strategy, and to find directors who can address those issues. If you do it with purpose, you will find terrific, diverse talent. I worked for a company in Washington recently, where the last four directors were all women, and two were minorities. I worked for a company in the Midwest, the last three, two African Americans, one woman, all fitting exactly what those companies need. So, this is achievable, but it takes intention and purpose to get there. Ms. Adams. Mr. Visconti? Mr. Visconti. I would tell you that the CEOs we deal with-- and we don't deal with boards, we deal with CEOs--are supported by boards that provide a support to the CEO, that emphasizes diversity and inclusion in a measurable, accomplishable way. The boards that are already supporting their CEOs and making progress on this subject tend to be very diverse boards, and that is borne out in the data that is on our website about the top 10, the top 50, the S&P 500, Fortune 500. It is a purposeful intent of top leadership. Ms. Adams. Great. More specifically, what are the best practices that every organization could implement right now to begin meaningfully building an inclusive workforce? Yes. Go ahead, Mr. Visconti? Mr. Visconti. Structured mentoring that is measured and accountable so that people who are working their way up the corporate chain of command have the tools and learn the ropes that they need to be successful. Resource groups where people with disabilities, black people, Latinos can get together and share good ideas and business processes and business information. That is very important. And then executive diversity-- Ms. Adams. Okay. Ms. Martinez? Ms. Martinez. Yes. And the Latino Corporate Directors Association endorses the Improving Corporate Governance and Diversity Act, which would require public companies to disclose data based on self-identification of the racial, ethnic, and gender composition of their boards of directors, nominees for their boards, and corporate officers. Ms. Adams. Okay. Great. I have a few more seconds, but what role do boards play in helping to develop the strategy for the organizations? Mr. Visconti. Accountability. Ms. Adams. Anybody else? One word would be good. Ms. Akutagawa. Yes. I was going to say I think it is really them holding the CEO's feet to the fire on that. Ms. Adams. Okay. Anybody else? All right. Madam Chairwoman, I yield back. Thank you very much. Chairwoman Waters. Thank you very much. So, I would like to thank all of our distinguished witnesses for their testimony today. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. And with that, this hearing is adjourned. [Whereupon, at 12:53 p.m., the hearing was adjourned.] A P P E N D I X June 20, 2019 [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]