Federal Jobs Act

To establish a Government-wide initiative to promote diversity and inclusion in the Federal workforce, and for other purposes. 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 Executive agency (2) Agency plan The term agency plan (3) Deputy Director The term Deputy Director (4) Director The term Director (5) Diversity The term diversity (6) Diversity Plan The term Diversity Plan 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; (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 (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. 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 annually 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 (sorted by race, color, national origin, religion, sex, age, or disability) relating to the workforce and information on the status of diversity and inclusion efforts of the agency; (2) an analysis of applicant flow data, as available (sorted by race, color, national origin, religion, sex, age, or disability); (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 the employment of traditionally underrepresented groups. (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. 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 (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. 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 an annual report, 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) in procurement and grant making. (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 small nongovernmental organizations and civil society 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).

Summary: 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 annually 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 annually report information relating to economically and socially disadvantaged businesses.