[Congressional Record Volume 167, Number 187 (Monday, October 25, 2021)]
[Senate]
[Pages S7345-S7346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3872. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle B of title VIII, add the following:

     SEC. 821. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS FOR 
                   COVERED CONTRACTORS.

       (a) In General.--Subchapter V of chapter 325 of title 10, 
     United States Code, is amended by inserting after section 
     4892 the following new section:

     ``Sec. 4893. Diversity and inclusion reporting requirements 
       for covered contractors

       ``(a) Covered Contractor Reports.--
       ``(1) In general.--The Secretary of Defense shall require 
     each covered contractor awarded a major contract to submit to 
     the Secretary of Defense by the last day of each full fiscal 
     year that occurs during the period of performance of any 
     major contract a report on diversity and inclusion.
       ``(2) Elements.--Each report under paragraph (1) shall 
     include, for the fiscal year covered by the report--
       ``(A) a description of each major contract with a period of 
     performance during the fiscal year covered by the report, 
     including the period of performance, expected total value, 
     and value to date of each major contract;
       ``(B) the total value of payments received under all major 
     contracts of each covered contractor during such fiscal year;
       ``(C) the total number of participants in the board of 
     directors of each covered contractor, nominees for the board 
     of directors of the covered contractor, and the senior 
     leaders of the covered contractor, disaggregated by 
     demographic classifications
       ``(D) with respect to employees of each covered 
     contractor--

[[Page S7346]]

       ``(i) the total number of such employees; and
       ``(ii) the number of such employees (expressed as a numeral 
     and as a percentage of the total number), identified by 
     membership in demographic classification and major 
     occupational group;
       ``(E) the value of first-tier subcontracts under each major 
     contract entered into during such fiscal year;
       ``(F) with respect to employees of each covered 
     subcontractor--
       ``(i) the total number of such employees;
       ``(ii) the number of such employees (expressed as a numeral 
     and as a percentage of the total number), identified by 
     membership in demographic classification and major 
     occupational group;
       ``(G) whether the board of directors of the covered 
     contractor has, as of the date on which the covered 
     contractor submits a report under this section, adopted any 
     policy, plan, or strategy to promote racial, ethnic, and 
     gender diversity among the members of the board of directors 
     of the covered contractor, nominees for the board of 
     directors of the covered contractor, or the senior leaders of 
     the covered contractor; and
       ``(H) a description of participation by the contractor in 
     diversity programs, to include hours spent, funds expended in 
     support of, and the number of unique relationships 
     established by each such diversity program.
       ``(b) Annual Summary Report.--
       ``(1) Report required.--Not later than 60 days after the 
     first day of each fiscal year, the Secretary shall submit to 
     the congressional defense committees a report summarizing the 
     reports submitted pursuant to subsection (a).
       ``(2) Elements.--Each report under paragraph (1) shall 
     include--
       ``(A) an index of the reports submitted pursuant to 
     subsection (a);
       ``(B) a compilation of the data described in such 
     subsection, disaggregated as described in such subsection;
       ``(C) an aggregation of the data provided in such reports; 
     and
       ``(D) a narrative that analyzes the information disclosed 
     in such reports and identifies any year-to-year trends in 
     such information.
       ``(c) Public Availability.--Each report required under this 
     subsection shall be posted on a single publicly available 
     website of the Department of Defense and made available in a 
     machine-readable format that is downloadable, searchable, and 
     sortable.
       ``(d) Definitions.--In this section:
       ``(1) Covered contractor.--The term `covered contractor' 
     means a contractor awarded a major contract.
       ``(2) Covered subcontractor.--The term `covered 
     subcontractor' means a subcontractor performing a subcontract 
     that is one of the 10 highest aggregate value subcontracts 
     under a major contract.
       ``(3) Demographic classifications.--The term `demographic 
     classifications' means classifications by race, gender, 
     veteran status, or ethnicity.
       ``(4) Diversity program.--The term `diversity program' 
     means--
       ``(A) a program conducted under section 3904 of this title;
       ``(B) a mentor-protege relationship established under 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991;
       ``(C) a program conducted under section 250 of the William 
     M. (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2192a note); 
     or
       ``(D) any other program designated by the Secretary of 
     Defense as designed to increase the diversity of the 
     workforce of the defense industrial base.
       ``(5) Major contract.--The term `major contract' has the 
     meaning given the term in section 2342 of this title.
       ``(6) Major occupational group.--The term `major 
     occupational group' means a major occupational group as 
     defined by the Bureau of Labor Statistics.
       ``(7) Senior leader.--The term `senior leader' means--
       ``(A) the president of a covered contractor;
       ``(B) any vice president in charge of a principal business 
     unit, division, or function of a covered contractor;
       ``(C) any other officer of a covered contractor who 
     performs a policy-making function; or
       ``(D) an individual responsible for the direct or indirect 
     management of more than 200 individuals.''.
       (b) Clerical Amendment.--The table of sections for 
     subchapter V of chapter 325 of title 10, United States Code, 
     is amended by adding after the item related to section 4892 
     the following:

``4893. Diversity and inclusion reporting requirements for covered 
              contractors.''.
       (c) Effective Date and Applicability.--The amendments made 
     by this section shall take effect on July 1, 2022, and shall 
     apply with respect to contracts entered into on or after July 
     1, 2022.
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