I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; DEFINITIONS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Federal Jobs Act’’. 

6 (b) DEFINITIONS.—In this Act: 

7 (1) AGENCY.—The term ‘‘agency’’ has the 

8 meaning given the term ‘‘Executive agency’’ in secVerDate Sep 11 2014 16:14 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1136.IH H1136

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1 tion 105 of title 5, United States Code, and includes 

2 the United States Postal Service and the Postal 

3 Regulatory Commission. 

4 (2) AGENCY PLAN.—The term ‘‘agency plan’’ 

5 means an Executive agency-specific plan to carry out 

6 the Diversity Plan, as described in section 3. 

7 (3) DEPUTY DIRECTOR.—The term ‘‘Deputy 

8 Director’’ means the Deputy Director of Manage9 ment of the Office of Management and Budget. 

10 (4) DIRECTOR.—The term ‘‘Director’’ means 

11 the Director of the Office of Personnel Management. 

12 (5) DIVERSITY.—The term ‘‘diversity’’ includes 

13 characteristics such as national origin, language, 

14 race, color, disability, ethnicity, gender, age, religion, 

15 sexual orientation, gender identity, socioeconomic 

16 status, and family structures. 

17 (6) DIVERSITY PLAN.—The term ‘‘Diversity 

18 Plan’’ means the Diversity and Inclusion Initiative 

19 and Strategic Plan, as described in section 2. 

20 SEC. 2. EXECUTIVE BRANCH DIVERSITY AND INCLUSION 

21 INITIATIVE AND STRATEGIC PLAN. 

22 (a) IN GENERAL.—The Director of the Office of Per23 sonnel Management and the Deputy Director of Manage24 ment of the Office of Management and Budget, in coordi25 nation with the President’s Management Council and the 


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1 Chair of the Equal Employment Opportunity Commission, 

2 shall— 

3 (1) establish a coordinated initiative to promote 

4 diversity and inclusion in the executive branch work5 force that includes historically underrepresented ra6 cial, ethnic, and other groups; 

7 (2) not later than 90 days after the date of the 

8 enactment of this Act— 

9 (A) develop and issue a Diversity and In10 clusion Strategic Plan applicable to the execu11 tive branch, to be updated at a minimum every 

12 4 years, that— 

13 (i) focuses on workforce diversity, 

14 workplace inclusion, and agency account15 ability and leadership; and 

16 (ii) highlights comprehensive strate17 gies for agencies to identify and remove 

18 barriers to equal employment opportunity 

19 that may exist in recruitment, hiring, pro20 motion, retention, professional develop21 ment, and training policies and practices; 

22 (B) review applicable directives to agencies 

23 related to the development or submission of Ex24 ecutive agency human capital and other work25 force plans and reports in connection with reVerDate Sep 11 2014 16:14 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1136.IH H1136

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1 cruitment, hiring, promotion, retention, profes2 sional development, and training policies and 

3 practices, and develop a strategy for consoli4 dating such agency plans and reports where ap5 propriate and permitted by law; and 

6 (C) provide guidance to agencies con7 cerning formulation of agency-specific plans 

8 under section 3 to carry out the Diversity Plan; 

9 (3) identify appropriate practices to improve 

10 the effectiveness of each agency’s efforts to recruit, 

11 hire, promote, retain, develop, and train a diverse 

12 and inclusive workforce, consistent with merit sys13 tem principles; and 

14 (4) establish a system for regular reporting on 

15 agencies’ progress in implementing any Executive 

16 agency-specific plan to carry out the Diversity Plan. 

17 (b) APPLICATION.—For purposes of carrying out this 

18 section— 

19 (1) the term ‘‘diversity’’ includes characteristics 

20 such as national origin, language, race, color, dis21 ability, ethnicity, gender, age, religion, sexual ori22 entation, gender identity, socioeconomic status, and 

23 family structures; and 

24 (2) recruitment should be from qualified indi25 viduals from appropriate sources in an endeavor to 


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1 achieve a workforce from all segments of society 

2 while avoiding discrimination for or against any em3 ployee or applicant on the basis of race, color, reli4 gion, sex (including pregnancy or gender identity), 

5 national origin, age, disability, sexual orientation or 

6 any other prohibited basis. 

7 SEC. 3. RESPONSIBILITIES OF AGENCIES. 

8 (a) IN GENERAL.—The head of each agency shall— 

9 (1) designate the agency’s Chief Human Capital 

10 Officer, Director of Equal Employment Opportunity, 

11 and Chief Diversity Officer (if any) to be responsible 

12 for enhancing employment and promotion opportuni13 ties within the agency, including development and 

14 implementation of the agency plan; 

15 (2) not later than 120 days after the date the 

16 Diversity Plan is issued or updated under section 1, 

17 develop or update (as the case may be) and submit 

18 for review to the Director and the Deputy Director 

19 an agency plan for recruiting, hiring, training, devel20 oping, advancing, promoting, and retaining a diverse 

21 workforce consistent with merit system principles, 

22 the agency’s overall strategic plan, its human capital 

23 operating plan prepared pursuant to part 250 of 

24 title 5, Code of Federal Regulations, and any other 


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1 applicable workforce planning strategies and initia2 tives; 

3 (3) implement the agency plan after incor4 porating the plan into the agency’s human capital 

5 operating plan; and 

6 (4) provide information as specified by the re7 porting requirements developed under paragraph (4) 

8 of section 1. 

9 (b) ANNUAL UPDATES.—Not later than 90 days after 

10 the date of the enactment of this Act and every six months 

11 thereafter, the head of each agency, in consultation with 

12 the Director and the Deputy Director, shall publish a re13 port on the agency’s public Internet website that in14 cludes— 

15 (1) disaggregated demographic data that in16 cludes historically underrepresented racial, ethnic, 

17 and other groups; 

18 (2) an analysis of applicant flow data, as avail19 able; 

20 (3) disaggregated demographic data relating to 

21 participants in professional development programs of 

22 the agency and the rate of placement into senior po23 sitions for participants in such programs; and 

24 (4) data related to employment, retention, and 

25 promotion. 


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1 (c) RETENTION AND EXIT INTERVIEWS OR SUR2 VEYS.— 

3 (1) DEPARTING EMPLOYEES.—The head of 

4 each agency shall provide an opportunity for an exit 

5 interview or survey to each agency employee who 

6 separates from service with the agency to better un7 derstand the employee’s reasons for leaving such 

8 service. 

9 (2) USE OF ANALYSIS FROM INTERVIEWS AND

10 SURVEYS.—The head of each agency shall analyze 

11 demographic data and other information obtained 

12 through interviews and surveys under paragraphs 

13 (1) and (2) to determine— 

14 (A) if and how the diversity of those par15 ticipating in such interviews and surveys im16 pacts the results; and 

17 (B) whether to implement any policy 

18 changes or make any recommendations. 

19 (3) TRACKING DATA.—The head of each agency 

20 shall— 

21 (A) track demographic data relating to 

22 participants in professional development pro23 grams and the rate of placement into senior po24 sitions for participants in such programs; 

25 (B) annually evaluate such data— 


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1 (i) to identify ways to improve out2 reach and recruitment for such programs, 

3 consistent with merit system principles; 

4 and 

5 (ii) to understand how participation in 

6 any program offered or sponsored by the 

7 agency under subparagraph (A) differs 

8 among the demographic categories of the 

9 workforce; and 

10 (C) actively encourage participation from a 

11 range of demographic categories, especially 

12 from categories with consistently low participa13 tion, including historically underrepresented ra14 cial and ethnic groups. 

15 SEC. 4. LEGISLATIVE AND JUDICIAL BRANCHES. 

16 (a) LEGISLATIVE BRANCH.—Each office treated as 

17 an employing office under the Congressional Account18 ability Act of 1995 (2 U.S.C. 1301 et seq.) shall, to the 

19 greatest extent practicable, carry out the requirements of 

20 sections 2 and 3 with respect to the legislative branch of 

21 Government. 

22 (b) JUDICIAL BRANCH.—The Director of the Admin23 istrative Office of the United States Courts shall, to the 

24 greatest extent practicable, carry out the requirements of 


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1 sections 2 and 3 with respect to the judicial branch of 

2 Government. 

3 SEC. 5. DIVERSITY IN GOVERNMENT PROCUREMENT AND 

4 GRANTMAKING. 

5 (a) PRIME CONTRACTOR REPORTING TO AGEN6 CIES.—Each prime contractor shall submit to the head of 

7 the agency with which the contractor is under contract a 

8 report every six months, that includes a list of prime con9 tractors and subcontractors, and the amounts they receive 

10 from the agency, that are economically and socially dis11 advantaged businesses as defined by part 124 of title 13, 

12 Code of Federal Regulations. 

13 (b) ANNUAL REPORTS.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of the enactment of this Act, and annually 

16 thereafter, the head of each agency shall submit to 

17 the appropriate congressional committees a com18 prehensive report on activities to increase economi19 cally and socially disadvantaged businesses (as de20 fined by such part 124) or organizations in procure21 ment and as grant recipients. 

22 (2) CONTENT.—Each report required under 

23 paragraph (1) shall include a description of the ef24 forts of the agency— 


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1 (A) to list, describe, and evaluate all activi2 ties used to increase the capacity of minority3 led businesses and nongovernmental organiza4 tions to win bids and obtain contracts and 

5 grants and serve as subcontractors; and 

6 (B) to review any impact the restrictions 

7 related to the foreign exemption in Federal con8 tracting under part 19 of the Federal Acquisi9 tion Regulation have had on economically and 

10 socially disadvantaged businesses (as defined by 

11 such part 124). 

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