I 
116TH CONGRESS 
2D SESSION 
H. R. 6240 
To establish a Government-wide initiative to promote diversity and inclusion 
in the Federal workforce, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 12, 2020 
Mr. HASTINGS introduced the following bill; which was referred to the Com-
mittee 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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To establish a Government-wide initiative to promote diver-
sity and inclusion in the Federal workforce, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 sec-
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tion 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 Manage-
ment 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 Per-
sonnel Management and the Deputy Director of Manage-
ment of the Office of Management and Budget, in coordi-
nation with the President’s Management Council and the 
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Chair of the Equal Employment Opportunity Commission, 
shall— 
(1) establish a coordinated initiative to promote 
diversity and inclusion in the executive branch work-
force; 
(2) not later than 90 days after the date of the 
enactment of this Act— 
(A) develop and issue a Diversity and In-
clusion Strategic Plan applicable to the execu-
tive branch, to be updated at a minimum every 
4 years, that— 
(i) focuses on workforce diversity, 
workplace inclusion, and agency account-
ability and leadership; and 
(ii) highlights comprehensive strate-
gies for agencies to identify and remove 
barriers to equal employment opportunity 
that may exist in recruitment, hiring, pro-
motion, retention, professional develop-
ment, and training policies and practices; 
(B) review applicable directives to agencies 
related to the development or submission of Ex-
ecutive agency human capital and other work-
force plans and reports in connection with re-
cruitment, hiring, promotion, retention, profes-
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sional development, and training policies and 
practices, and develop a strategy for consoli-
dating such agency plans and reports where ap-
propriate and permitted by law; and 
(C) provide guidance to agencies con-
cerning 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 sys-
tem 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, dis-
ability, ethnicity, gender, age, religion, sexual ori-
entation, gender identity, socioeconomic status, and 
family structures; and 
(2) recruitment should be from qualified indi-
viduals from appropriate sources in an endeavor to 
achieve a workforce from all segments of society 
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while avoiding discrimination for or against any em-
ployee or applicant on the basis of race, color, reli-
gion, 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 opportuni-
ties 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, devel-
oping, 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 initia-
tives; 
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(3) implement the agency plan after incor-
porating the plan into the agency’s human capital 
operating plan; and 
(4) provide information as specified by the re-
porting 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 there-
after, 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 dis-
ability) 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 avail-
able (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 po-
sitions for participants in such programs; and 
(4) data related to the employment of tradition-
ally underrepresented groups. 
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(c) RETENTION
AND EXIT INTERVIEWS
OR SUR-
VEYS.— 
(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 un-
derstand 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 par-
ticipating in such interviews and surveys im-
pacts 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 pro-
grams and the rate of placement into senior po-
sitions for participants in such programs; 
(B) annually evaluate such data— 
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(i) to identify ways to improve out-
reach 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 participa-
tion. 
SEC. 4. LEGISLATIVE AND JUDICIAL BRANCHES. 
(a) LEGISLATIVE BRANCH.—Each office treated as 
an employing office under the Congressional Account-
ability 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 Admin-
istrative 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. 
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SEC. 5. DIVERSITY IN GOVERNMENT PROCUREMENT AND 
GRANTMAKING. 
(a) PRIME CONTRACTOR REPORTING
TO AGEN-
CIES.—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 Fed-
eral 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 com-
prehensive report on activities to increase economi-
cally and socially disadvantaged businesses (as de-
fined by such part 124) in procurement and grant 
making. 
(2) CONTENT.—Each report required under 
paragraph (1) shall include a description of the ef-
forts of the agency— 
(A) to list, describe, and evaluate all activi-
ties used to increase the capacity of minority- 
led small nongovernmental organizations and 
civil society organizations to win bids and ob-
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tain contracts and grants and serve as sub-
contractors; and 
(B) to review any impact the restrictions 
related to the foreign exemption in Federal con-
tracting under part 19 of the Federal Acquisi-
tion Regulation have had on economically and 
socially disadvantaged businesses (as defined by 
such part 124). 
Æ 
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