Federal Jobs Act
Bill: H.R.1136 | Sponsor: Rep. Hastings, Alcee L. (D-FL)
Policy area: Government Operations and Politics

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 periodically 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 periodically report information relating to economically and socially disadvantaged businesses.

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; 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 section 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 Management 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 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 that includes 
        historically underrepresented racial, ethnic, and other groups;
            (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'' includes characteristics such as 
        national origin, language, race, color, disability, ethnicity, 
        gender, age, religion, sexual orientation, gender identity, 
        socioeconomic status, and family structures; and
            (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.

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 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 every six months 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 that includes 
        historically underrepresented racial, ethnic, and other groups;
            (2) an analysis of applicant flow data, as available;
            (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 employment, retention, and promotion.
    (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, including 
                historically underrepresented racial and ethnic groups.

SEC. 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 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 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.

SEC. 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 a report every six months, 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) or organizations in procurement and as grant 
        recipients.
            (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 
                businesses and nongovernmental 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).
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