[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