[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1330 Reported in Senate (RS)]
<DOC>
Calendar No. 556
117th CONGRESS
2d Session
S. 1330
[Report No. 117-204]
To facilitate the reskilling of Federal employees, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22, 2021
Ms. Sinema (for herself and Mr. Lankford) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
November 17, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To facilitate the reskilling of Federal employees, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Facilitating Federal
Employee Reskilling Act''.</DELETED>
<DELETED>SEC. 2. RESKILLING FEDERAL EMPLOYEES.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Agency.--The term ``agency'' has the meaning
given the term ``Executive agency'' in section 105 of title 5,
United States Code.</DELETED>
<DELETED> (2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (B) the Committee on Oversight and Reform
of the House of Representatives.</DELETED>
<DELETED> (3) Competitive service.--The term ``competitive
service'' has the meaning given the term in section 2102 of
title 5, United States Code.</DELETED>
<DELETED> (4) Director.--The term ``Director'' means the
Director of the Office of Personnel Management.</DELETED>
<DELETED> (5) Employee.--The term ``employee'' means an
employee serving in a position in the competitive service or
the excepted service.</DELETED>
<DELETED> (6) Excepted service.--The term ``excepted
service'' has the meaning given the term in section 2103 of
title 5, United States Code.</DELETED>
<DELETED> (7) Federal reskilling program.--The term
``Federal reskilling program'' means, with respect to an
employee, a program established by the head of the agency
employing the employee (or the Director) to provide the
employee with the technical skill or expertise that would
qualify the employee to serve in a different position in the
competitive service or the excepted service that requires such
technical skill or expertise.</DELETED>
<DELETED> (b) Requirements.--With respect to a Federal reskilling
program established by the head of an agency or the Director before,
on, or after the date of enactment of this Act, the agency head or the
Director, as applicable, shall ensure that the program--</DELETED>
<DELETED> (1) is implemented in a manner that is consistent
with the merit system principles under section 2301 of title 5,
United States Code, including by using merit-based selection
procedures for--</DELETED>
<DELETED> (A) participation by employees in the
program; and</DELETED>
<DELETED> (B) determining the placement of employees
upon completion of the program;</DELETED>
<DELETED> (2) includes appropriate limitations or
restrictions associated with implementing the program, which
shall be consistent with any regulations prescribed by the
Director under subsection (e);</DELETED>
<DELETED> (3) provides that any new position to which an
employee who participates in the program is transferred will
utilize the technical skill or expertise that the employee
acquired by participating in the program;</DELETED>
<DELETED> (4) includes the option for an employee
participating in the program to return to the original position
of the employee, or a similar position, particularly if the
employee is unsuccessful in the position to which the employee
transfers after completing the program;</DELETED>
<DELETED> (5) provides that, notwithstanding any provision
of chapter 51 of title 5, United States Code, or any rule
issued under that chapter, an employee who successfully
completes the program and transfers to a different position in
the competitive service or the excepted service that requires
the technical skill or expertise provided through the program
shall serve in the position to which the employee transfers at
a class or grade that is not lower than the class or grade of
the position from which the employee transferred; and</DELETED>
<DELETED> (6) provides that an employee serving in a
position in the excepted service may not transfer to a position
in the competitive service solely by reason of the completion
of the program by the employee.</DELETED>
<DELETED> (c) Reporting.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 5 years, the
Director, in coordination with the head of each agency that has
established a Federal reskilling program, shall submit to the
appropriate committees of Congress a report regarding the outcomes
under the Federal reskilling programs for the year covered by the
report, which shall include--</DELETED>
<DELETED> (1) a summary of each Federal reskilling
program;</DELETED>
<DELETED> (2) the number of, and demographics with respect
to, employees who have participated in each Federal reskilling
program;</DELETED>
<DELETED> (3) the number of, and demographics with respect
to, employees who have completed each Federal reskilling
program;</DELETED>
<DELETED> (4) the number of, and demographics with respect
to, employees who have successfully transferred to a different
position in the competitive service or the excepted service
that requires the technical skill or expertise provided to the
employees through a Federal reskilling program;</DELETED>
<DELETED> (5) an analysis of the effectiveness, costs, and
benefits of each Federal reskilling program; and</DELETED>
<DELETED> (6) any other measure or outcome that the Director
determines to be relevant.</DELETED>
<DELETED> (d) Subsequent Periodic Evaluation.--After the submission
of the final report required under subsection (c), the head of each
agency that has established, or that establishes, a Federal reskilling
program shall, on a periodic basis--</DELETED>
<DELETED> (1) perform an evaluation of the effectiveness,
costs, and benefits of the program; and</DELETED>
<DELETED> (2) make any necessary modifications to the
program in order to accomplish the goals of the
program.</DELETED>
<DELETED> (e) Regulations.--The Director may prescribe regulations,
as the Director determines necessary, to provide for requirements with
respect to, and the implementation of, Federal reskilling
programs.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Facilitating Federal Employee
Reskilling Act''.
SEC. 2. RESKILLING FEDERAL EMPLOYEES.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Reform of the
House of Representatives.
(3) Competitive service.--The term ``competitive service''
has the meaning given the term in section 2102 of title 5,
United States Code.
(4) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(5) Employee.--The term ``employee'' means an employee
serving in a position in the competitive service or the
excepted service.
(6) Excepted service.--The term ``excepted service'' has
the meaning given the term in section 2103 of title 5, United
States Code.
(7) Federal reskilling program.--The term ``Federal
reskilling program'' means a program established by the head of
an agency or the Director to provide employees with the
technical skill or expertise that would qualify the employees
to serve in a different position in the competitive service or
the excepted service that requires such technical skill or
expertise.
(b) Requirements.--With respect to a Federal reskilling program
established by the head of an agency or by the Director before, on, or
after the date of enactment of this Act, the agency head or the
Director, as applicable, shall ensure that the Federal reskilling
program--
(1) is implemented in a manner that is in accordance with
the bar on prohibited personnel practices under section 2302 of
title 5, United States Code, and consistent with the merit
system principles under section 2301 of title 5, United States
Code, including by using merit-based selection procedures for
participation by employees in the Federal reskilling program;
(2) includes appropriate limitations or restrictions
associated with implementing the Federal reskilling program,
which shall be consistent with any regulations prescribed by
the Director under subsection (e);
(3) provides that any new position to which an employee who
participates in the Federal reskilling program is transferred
will utilize the technical skill or expertise that the employee
acquired by participating in the Federal reskilling program;
(4) includes the option for an employee participating in
the Federal reskilling program to return to the original
position of the employee, or a similar position, particularly
if the employee is unsuccessful in the position to which the
employee transfers after completing the Federal reskilling
program;
(5) provides that an employee who successfully completes
the Federal reskilling program and transfers to a position that
requires the technical skill or expertise provided through the
Federal reskilling program shall be entitled to have the grade
of the position held immediately before the transfer in a
manner in accordance with section 5362 of title 5, United
States Code;
(6) provides that an employee serving in a position in the
excepted service may not transfer to a position in the
competitive service solely by reason of the completion of the
Federal reskilling program by the employee; and
(7) includes a mechanism to track outcomes of the Federal
reskilling program in accordance with the metrics established
under subsection (c).
(c) Reporting and Metrics.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish reporting
requirements for, and standardized metrics and procedures for agencies
to track outcomes of, Federal reskilling programs, which shall include,
with respect to each Federal reskilling program--
(1) providing a summary of the Federal reskilling program;
(2) collecting and reporting demographic and employment
data with respect to employees who have applied for,
participated in, or completed the Federal reskilling program;
(3) attrition of employees who have completed the Federal
reskilling program; and
(4) any other measures or outcomes that the Director
determines to be relevant.
(d) GAO Report.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a comprehensive study of, and submit to Congress a report on, Federal
reskilling programs that includes--
(1) a summary of each Federal reskilling program and
methods by which each Federal reskilling program recruits,
selects, and retrains employees;
(2) an analysis of the accessibility of each Federal
reskilling program for a diverse set of candidates;
(3) an evaluation of the effectiveness, costs, and benefits
of the Federal reskilling programs; and
(4) recommendations to improve Federal reskilling programs
to accomplish the goal of reskilling the Federal workforce.
(e) Regulations.--The Director--
(1) not later than 1 year after the date of enactment of
this Act, shall prescribe regulations for the reporting
requirements and metrics and procedures under subsection (c);
(2) may prescribe additional regulations, as the Director
determines necessary, to provide for requirements with respect
to, and the implementation of, Federal reskilling programs; and
(3) with respect to any regulation prescribed under this
subsection, shall brief the appropriate committees of Congress
with respect to the regulation not later than 30 days before
the date on which the final version of the regulation is
published.
(f) Rule of Construction.--Nothing in this section may be construed
to require the head of an agency or the Director to establish a Federal
reskilling program.
(g) Use of Funds.--Any Federal reskilling program established by
the head of an agency or the Director shall be carried out using
amounts otherwise made available to that agency head or the Director,
as applicable.
Calendar No. 556
117th CONGRESS
2d Session
S. 1330
[Report No. 117-204]
_______________________________________________________________________
A BILL
To facilitate the reskilling of Federal employees, and for other
purposes.
_______________________________________________________________________
November 17, 2022
Reported with an amendment