[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4374 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4374

  To establish a Government-wide initiative to promote diversity and 
      inclusion in the Federal workforce, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2020

Mr. Menendez (for himself, Mrs. Feinstein, and Mr. Sanders) introduced 
the following bill; which was read twice and referred to the Committee 
             on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Federal Jobs Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency''--
                    (A) has the meaning given the term ``Executive 
                agency'' in section 105 of title 5, United States Code; 
                and
                    (B) includes the United States Postal Service and 
                the Postal Regulatory Commission.
            (2) Agency plan.--The term ``agency plan'' means the plan 
        required under section 4(a)(1).
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Appropriations of the House of 
                Representatives;
                    (C) the Committee on Finance of the Senate; and
                    (D) the Committee on Ways and Means of the House of 
                Representatives.
            (4) Deputy director.--The term ``Deputy Director'' means 
        the Deputy Director of Management of the Office of Management 
        and Budget.
            (5) Director.--The term ``Director'' means the Director of 
        the Office of Personnel Management.
            (6) Diversity.--The term ``diversity'' includes 
        characteristics such as national origin, language, race, color, 
        disability, ethnicity, gender, age, religion, sexual 
        orientation, gender identity, socioeconomic status, veteran 
        status, and family structure.
            (7) Diversity plan.--The term ``diversity plan'' means the 
        plan required under section 3(a)(2).
            (8) Economically and socially disadvantaged business.--The 
        term ``economically and socially disadvantaged business'' has 
        the meaning given the term ``socially and economically 
        disadvantaged small business concern'' in section 8(a)(4)(A) of 
        the Small Business Act (15 U.S.C. 637(a)(4)(A)).
            (9) Employment practices.--The term ``employment 
        practices'' means policies and practices of an agency 
        concerning--
                    (A) the recruitment, hiring, promotion, and 
                retention of employees; and
                    (B) professional development and training for 
                employees.
            (10) Human capital operating plan.--The term ``human 
        capital operating plan'' means the plan required under section 
        250.205 of title 5, Code of Federal Regulations.
            (11) Prime contractor.--The term ``prime contractor'' has 
        the meaning given the term in section 8701 of title 41, United 
        States Code.
            (12) Subcontractor.--The term ``subcontractor'' has the 
        meaning given the term in section 8701 of title 41, United 
        States Code.

SEC. 3. EXECUTIVE BRANCH DIVERSITY AND INCLUSION INITIATIVE AND 
              STRATEGIC PLAN.

    (a) In General.--The Director, in coordination with the Deputy 
Director, 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 workforce of agencies;
            (2) not later than 90 days after the date of enactment of 
        this Act, develop and issue a strategic plan relating to 
        diversity and inclusion for agencies that--
                    (A) focuses on--
                            (i) workforce diversity;
                            (ii) workplace inclusion; and
                            (iii) agency accountability and leadership; 
                        and
                    (B) highlights comprehensive strategies for 
                agencies to identify and remove barriers to equal 
                employment opportunity in employment practices;
            (3) not less frequently than once every 4 years beginning 
        after the date on which the diversity plan is issued under 
        paragraph (2), update the diversity plan;
            (4) not later than 90 days after the date of enactment of 
        this Act--
                    (A) review any agency directives relating to the 
                development or submission of--
                            (i) the human capital operating plan; and
                            (ii) other workforce plans and reports 
                        relating to employment practices;
                    (B) develop a strategy for consolidating the plans 
                and reports described in subparagraph (A), if the 
                consolidation is appropriate and permitted by law; and
                    (C) provide guidance to agencies for developing 
                agency plans;
            (5) identify appropriate practices to improve the 
        effectiveness of the efforts of each agency to formulate 
        employment practices that are consistent with merit system 
        principles; and
            (6) establish a system for regular reporting on the 
        progress of agencies in implementing the agency plans of the 
        agencies.
    (b) Recruitment.--The coordinated initiative established under 
subsection (a)(1) shall--
            (1) include a plan to recruit qualified individuals for 
        employment at agencies; and
            (2) endeavor to--
                    (A) achieve a workforce from all segments of 
                society; and
                    (B) avoid 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, 
                veteran status, or any other prohibited basis.

SEC. 4. RESPONSIBILITIES OF AGENCIES.

    (a) Agency Report.--
            (1) In general.--The head of each agency shall--
                    (A) not later than 120 days after the date on which 
                the diversity plan is issued under section 3(a)(2) or 
                updated under section 3(a)(3), develop or update a plan 
                for the agency to create employment practices that 
                maintain a diverse workforce, consistent with--
                            (i) merit system principles;
                            (ii) the overall strategic plan of the 
                        agency;
                            (iii) the human capital operating plan of 
                        the agency; and
                            (iv) any other applicable workforce 
                        planning strategies and initiatives;
                    (B) designate the Chief Human Capital Officer, the 
                Director of Equal Employment Opportunity, and the Chief 
                Diversity Officer of the agency, if applicable, to--
                            (i) be responsible for enhancing employment 
                        and promotion opportunities within the agency; 
                        and
                            (ii) develop and implement the agency plan; 
                        and
                    (C) incorporate the agency plan into the human 
                capital operating plan of the agency.
            (2) Review.--The head of each agency shall submit the 
        agency plan of the agency to the Director and the Deputy 
        Director for review.
    (b) Annual Updates.--Not later than 90 days after the date of 
enactment of this Act, and annually thereafter, the head of each 
agency, in consultation with the Director and the Deputy Director, 
shall publish a report on the public website of the agency that 
includes--
            (1) disaggregated demographic data sorted by race, color, 
        national origin, religion, sex, age, veteran status, and 
        disability relating to the workforce of the agency;
            (2) information on the status of diversity and inclusion 
        efforts of the agency;
            (3) an analysis of available data relating to the number of 
        applications for employment received by the agency sorted by 
        the race, color, national origin, religion, sex, age, veteran 
        status, and disability of the applicant;
            (4) disaggregated demographic data relating to each 
        participating employee in professional development programs 
        offered or sponsored by the agency;
            (5) the rate of the placement of each participating 
        employee described in paragraph (4) into senior positions in 
        the agency;
            (6) data relating to the employment of traditionally 
        underrepresented groups at the agency;
            (7) the information reported under the system established 
        under section 3(a)(6); and
            (8) disaggregated salary data sorted by race, color, 
        national origin, religion, sex, age, veteran status, and 
        disability relating to the workforce of the agency.
    (c) Retention and Exit Interviews or Surveys.--
            (1) Departing employees.--
                    (A) In general.--The head of each agency shall 
                provide each employee who leaves employment at the 
                agency an opportunity to complete an exit interview or 
                survey.
                    (B) Purpose.--The head of each agency shall design 
                the exit interview or survey described in subparagraph 
                (A) to help the agency understand the reasoning for 
                which an employee leaves employment at the agency.
            (2) Use of analysis from interviews and surveys.--The head 
        of each agency shall analyze the demographic data and other 
        information obtained through the interviews or surveys 
        described in paragraph (1) to determine--
                    (A) if and how the diversity of participants in the 
                interviews or surveys impacts the results of the 
                interviews or surveys; and
                    (B) whether to implement any policy changes.
            (3) Tracking data.--The head of each agency shall--
                    (A) track demographic data relating to--
                            (i) each participating employee in 
                        professional development programs offered or 
                        sponsored by the agency; and
                            (ii) the rate of the placement of each 
                        participating employee described in clause (i) 
                        into senior positions in the agency;
                    (B) annually evaluate the data described in 
                subparagraph (A)--
                            (i) to identify ways to improve outreach 
                        and recruitment for professional development 
                        programs offered or sponsored by the agency, 
                        consistent with merit system principles; and
                            (ii) to understand how participation in any 
                        professional development program offered or 
                        sponsored by the agency under subparagraph (A) 
                        differs among the demographic categories of the 
                        workforce of the agency; and
                    (C) actively encourage participation in 
                professional development programs offered and sponsored 
                by the agency from a range of demographic categories of 
                the workforce of the agency, especially from 
                demographic categories with consistently low 
                participation.

SEC. 5. 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 3 and 4 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 3 and 4 with respect to the 
judicial branch of Government.

SEC. 6. DIVERSITY IN GOVERNMENT PROCUREMENT AND GRANTMAKING.

    (a) Reports on Contracting.--
            (1) Prime contractor reports.--Not later than 120 days 
        after the date of enactment of this Act, and annually 
        thereafter, each prime contractor that has a contract with an 
        agency shall submit to the head of each agency with which the 
        prime contractor has a contract a report that includes--
                    (A) a list of subcontractors--
                            (i) with which the prime contractor has a 
                        contract relating to the contract of the prime 
                        contractor with the agency; and
                            (ii) that are economically and socially 
                        disadvantaged businesses; and
                    (B) the amounts the subcontractors described in 
                paragraph (1) receive from the prime contractor.
            (2) Agency reports.--Not later than 1 year after the date 
        of enactment of this Act, and annually thereafter, the head of 
        each agency shall submit to the appropriate congressional 
        committees a report that includes--
                    (A) a list of prime contractors--
                            (i) with which the agency has a contract; 
                        and
                            (ii) that are economically and socially 
                        disadvantaged businesses;
                    (B) the amounts the prime contractors described in 
                subparagraph (A) receive from the agency; and
                    (C) the information contained in the prime 
                contractor reports received by the head of the agency 
                under paragraph (1).
    (b) Annual Reports.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the head of 
        each agency shall submit to the appropriate congressional 
        committees a comprehensive report on activities the agency is 
        implementing to increase procurement from, and grant making to, 
        economically and socially disadvantaged businesses.
            (2) Content.--The report required under paragraph (1) shall 
        include a description of the efforts of the agency to--
                    (A) list, describe, and evaluate the activities the 
                agency is implementing to increase the capacity of 
                minority-led small nongovernmental organizations and 
                civil society organizations to--
                            (i) win bids;
                            (ii) obtain contracts and grants; and
                            (iii) serve as subcontractors; and
                    (B) review any impact the restrictions under part 
                19 of the Federal Acquisition Regulation have had on 
                economically and socially disadvantaged businesses.
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