Federal Jobs Act
This bill requires federal agencies to develop plans to increase diversity in the workforce.
Specifically, the Office of Personnel Management (OPM) and the Office of Management and Budget (OMB) must develop a plan to increase diversity in the executive branch of government that includes specified information, including strategies for agencies to remove barriers to equal employment opportunities. Each executive agency must develop an agency-specific plan to increase diversity, pursuant to OPM and OMB guidance, and periodically publish specified data. The legislative and judicial branches of government must also implement these requirements to the greatest extent possible.
Additionally, each executive agency, and each prime contractor that is under contract with an executive agency, must periodically report information relating to economically and socially disadvantaged businesses.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1136 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1136
To establish a Government-wide initiative to promote diversity and
inclusion in the Federal workforce, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 18, 2021
Mr. Hastings (for himself, Ms. Jackson Lee, Ms. Moore of Wisconsin, and
Mr. Meeks) introduced the following bill; which was referred to the
Committee on Oversight and Reform, and in addition to the Committees on
House Administration, and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish a Government-wide initiative to promote diversity and
inclusion in the Federal workforce, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Federal Jobs
Act''.
(b) Definitions.--In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code, and includes the United States Postal Service and
the Postal Regulatory Commission.
(2) Agency plan.--The term ``agency plan'' means an
Executive agency-specific plan to carry out the Diversity Plan,
as described in section 3.
(3) Deputy director.--The term ``Deputy Director'' means
the Deputy Director of Management of the Office of Management
and Budget.
(4) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(5) Diversity.--The term ``diversity'' includes
characteristics such as national origin, language, race, color,
disability, ethnicity, gender, age, religion, sexual
orientation, gender identity, socioeconomic status, and family
structures.
(6) Diversity plan.--The term ``Diversity Plan'' means the
Diversity and Inclusion Initiative and Strategic Plan, as
described in section 2.
SEC. 2. EXECUTIVE BRANCH DIVERSITY AND INCLUSION INITIATIVE AND
STRATEGIC PLAN.
(a) In General.--The Director of the Office of Personnel Management
and the Deputy Director of Management of the Office of Management and
Budget, in coordination with the President's Management Council and the
Chair of the Equal Employment Opportunity Commission, shall--
(1) establish a coordinated initiative to promote diversity
and inclusion in the executive branch workforce that includes
historically underrepresented racial, ethnic, and other groups;
(2) not later than 90 days after the date of the enactment
of this Act--
(A) develop and issue a Diversity and Inclusion
Strategic Plan applicable to the executive branch, to
be updated at a minimum every 4 years, that--
(i) focuses on workforce diversity,
workplace inclusion, and agency accountability
and leadership; and
(ii) highlights comprehensive strategies
for agencies to identify and remove barriers to
equal employment opportunity that may exist in
recruitment, hiring, promotion, retention,
professional development, and training policies
and practices;
(B) review applicable directives to agencies
related to the development or submission of Executive
agency human capital and other workforce plans and
reports in connection with recruitment, hiring,
promotion, retention, professional development, and
training policies and practices, and develop a strategy
for consolidating such agency plans and reports where
appropriate and permitted by law; and
(C) provide guidance to agencies concerning
formulation of agency-specific plans under section 3 to
carry out the Diversity Plan;
(3) identify appropriate practices to improve the
effectiveness of each agency's efforts to recruit, hire,
promote, retain, develop, and train a diverse and inclusive
workforce, consistent with merit system principles; and
(4) establish a system for regular reporting on agencies'
progress in implementing any Executive agency-specific plan to
carry out the Diversity Plan.
(b) Application.--For purposes of carrying out this section--
(1) the term ``diversity'' includes characteristics such as
national origin, language, race, color, disability, ethnicity,
gender, age, religion, sexual orientation, gender identity,
socioeconomic status, and family structures; and
(2) recruitment should be from qualified individuals from
appropriate sources in an endeavor to achieve a workforce from
all segments of society while avoiding discrimination for or
against any employee or applicant on the basis of race, color,
religion, sex (including pregnancy or gender identity),
national origin, age, disability, sexual orientation or any
other prohibited basis.
SEC. 3. RESPONSIBILITIES OF AGENCIES.
(a) In General.--The head of each agency shall--
(1) designate the agency's Chief Human Capital Officer,
Director of Equal Employment Opportunity, and Chief Diversity
Officer (if any) to be responsible for enhancing employment and
promotion opportunities within the agency, including
development and implementation of the agency plan;
(2) not later than 120 days after the date the Diversity
Plan is issued or updated under section 1, develop or update
(as the case may be) and submit for review to the Director and
the Deputy Director an agency plan for recruiting, hiring,
training, developing, advancing, promoting, and retaining a
diverse workforce consistent with merit system principles, the
agency's overall strategic plan, its human capital operating
plan prepared pursuant to part 250 of title 5, Code of Federal
Regulations, and any other applicable workforce planning
strategies and initiatives;
(3) implement the agency plan after incorporating the plan
into the agency's human capital operating plan; and
(4) provide information as specified by the reporting
requirements developed under paragraph (4) of section 1.
(b) Annual Updates.--Not later than 90 days after the date of the
enactment of this Act and every six months thereafter, the head of each
agency, in consultation with the Director and the Deputy Director,
shall publish a report on the agency's public Internet website that
includes--
(1) disaggregated demographic data that includes
historically underrepresented racial, ethnic, and other groups;
(2) an analysis of applicant flow data, as available;
(3) disaggregated demographic data relating to participants
in professional development programs of the agency and the rate
of placement into senior positions for participants in such
programs; and
(4) data related to employment, retention, and promotion.
(c) Retention and Exit Interviews or Surveys.--
(1) Departing employees.--The head of each agency shall
provide an opportunity for an exit interview or survey to each
agency employee who separates from service with the agency to
better understand the employee's reasons for leaving such
service.
(2) Use of analysis from interviews and surveys.--The head
of each agency shall analyze demographic data and other
information obtained through interviews and surveys under
paragraphs (1) and (2) to determine--
(A) if and how the diversity of those participating
in such interviews and surveys impacts the results; and
(B) whether to implement any policy changes or make
any recommendations.
(3) Tracking data.--The head of each agency shall--
(A) track demographic data relating to participants
in professional development programs and the rate of
placement into senior positions for participants in
such programs;
(B) annually evaluate such data--
(i) to identify ways to improve outreach
and recruitment for such programs, consistent
with merit system principles; and
(ii) to understand how participation in any
program offered or sponsored by the agency
under subparagraph (A) differs among the
demographic categories of the workforce; and
(C) actively encourage participation from a range
of demographic categories, especially from categories
with consistently low participation, including
historically underrepresented racial and ethnic groups.
SEC. 4. LEGISLATIVE AND JUDICIAL BRANCHES.
(a) Legislative Branch.--Each office treated as an employing office
under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) shall, to the greatest extent practicable, carry out the
requirements of sections 2 and 3 with respect to the legislative branch
of Government.
(b) Judicial Branch.--The Director of the Administrative Office of
the United States Courts shall, to the greatest extent practicable,
carry out the requirements of sections 2 and 3 with respect to the
judicial branch of Government.
SEC. 5. DIVERSITY IN GOVERNMENT PROCUREMENT AND GRANTMAKING.
(a) Prime Contractor Reporting to Agencies.--Each prime contractor
shall submit to the head of the agency with which the contractor is
under contract a report every six months, that includes a list of prime
contractors and subcontractors, and the amounts they receive from the
agency, that are economically and socially disadvantaged businesses as
defined by part 124 of title 13, Code of Federal Regulations.
(b) Annual Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the head of
each agency shall submit to the appropriate congressional
committees a comprehensive report on activities to increase
economically and socially disadvantaged businesses (as defined
by such part 124) or organizations in procurement and as grant
recipients.
(2) Content.--Each report required under paragraph (1)
shall include a description of the efforts of the agency--
(A) to list, describe, and evaluate all activities
used to increase the capacity of minority-led
businesses and nongovernmental organizations to win
bids and obtain contracts and grants and serve as
subcontractors; and
(B) to review any impact the restrictions related
to the foreign exemption in Federal contracting under
part 19 of the Federal Acquisition Regulation have had
on economically and socially disadvantaged businesses
(as defined by such part 124).
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E147)
Referred to the Committee on Oversight and Reform, and in addition to the Committees on House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Reform, and in addition to the Committees on House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Reform, and in addition to the Committees on House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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