S.Amdt. 3872

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--

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``(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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