[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4910 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4910
To amend title 5, United States Code, to require the Office of
Personnel Management to annually collect data relating to the Federal
workforce, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2022
Mr. Lankford introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to require the Office of
Personnel Management to annually collect data relating to 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.
This Act may be cited as the ``Federal Human Capital Transparency
Act''.
SEC. 2. BLENDED FEDERAL WORKFORCE.
(a) In General.--Section 1103(c) of title 5, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``(c)(1)'' and inserting
``(c)(1)(A)''; and
(B) by adding at the end the following:
``(B)(i) The Office of Personnel Management shall collect from
Executive agencies, other than elements of the intelligence community
(as defined in section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4))), on at least an annual basis the following:
``(I) The total number of persons employed directly by the
Executive agency.
``(II) The total number of prime contractor employees and
subcontractor employees, as those terms are defined in section
8701 of title 41, issued credentials allowing access to
Executive agency property or computer systems.
``(III) The total number of employees of Federal grant and
cooperative agreement recipients, as those legal instruments
are described in sections 6304 and 6305 of title 31,
respectively, who are issued credentials allowing access to
Executive agency property or computer systems.
``(IV) A total count of the workforce of the Executive
agency, including employees, prime contractor employees,
subcontractor employees, grantee employees, and cooperative
agreement employees.
``(ii) The Office of Personnel Management shall compile the data
collected under clause (i) and issue, and post on its website, an
annual report containing the data.''; and
(2) in paragraph (2), by striking ``paragraph (1)'' and
inserting ``paragraph (1)(A)''.
(b) Sense of Congress on Effective and Efficient Management of the
Blended Federal Workforce.--
(1) Definition.--In this subsection, the term ``Executive
agency'' has the meaning given the term in section 105 of title
5, United States Code.
(2) Findings.--Congress finds the following:
(A) The implementation of Federal laws and the
competent administration of Federal programs require
skilled and capable personnel.
(B) Executive agencies depend on a blended
workforce that includes Federal employees, employees of
prime contractors and subcontractors performing
services to Executive agencies, and employees of State
or local governments, nonprofit organizations, or
institutions of higher education performing services to
Executive agencies under the terms of grants and
cooperative agreements (referred to in this subsection
as ``grantees''), all of whom make essential
contributions to achieving the missions of the Federal
Government in service to the people of the United
States.
(C) Approximately 2,000,000 Federal employees help
to execute the laws of the United States, supplemented
by an unknown number, estimated to exceed 5,000,000, of
employees of prime contractors, subcontractors, and
grantees providing services to Executive agencies.
(D) Policymakers, Executive agencies, and observers
have often focused on individual components of the
blended workforce, such as employees, without
considering all components or considering the entire
blended workforce and how all 3 components can work
most effectively together.
(E) Executive agencies inhibit their own workforce
planning and risk making decisions that may reduce the
overall efficiency and cost effectiveness of the
blended workforce by focusing on only 1 component in
isolation.
(F) Establishing artificial limits on headcounts or
full-time equivalent positions for Federal employees,
administrators, and managerial employees of Executive
agencies may discourage the employment of interns or
entry-level employees to build a balanced employment
pipeline and may inadvertently encourage managers to
shift work to contractors and grantees for the purpose
of complying with such numerical limits, even if those
decisions are not justified by an approach to improve
the efficiency or cost effectiveness of the Executive
agency's work.
(G) The Government Accountability Office has
identified strategic human capital management as a
high-risk area for the Federal Government, adding that
critical skills gaps ``impede the government from cost-
effectively serving the public and achieving results''.
(3) Sense of congress.--It is the sense of Congress that
Executive agencies should--
(A) manage the entire Federal blended workforce,
including employees, contractors, and grantees, using a
comprehensive and holistic approach to advance their
missions as effectively and cost efficiently as
possible, within appropriated budgets and without using
artificial numerical limits on headcounts or full-time-
equivalent positions; and
(B) conduct a holistic review of their blended
workforce and develop a comprehensive plan to ensure an
efficient and cost-effective blended workforce.
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