II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Human Cap5 ital Transparency Act’’. 

6 SEC. 2. BLENDED FEDERAL WORKFORCE. 

7 (a) IN GENERAL.—Section 1103(c) of title 5, United 

8 States Code, is amended— 

9 (1) in paragraph (1)— 


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1 (A) by striking ‘‘(c)(1)’’ and inserting 

2 ‘‘(c)(1)(A)’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(B)(i) The Office of Personnel Management shall 

5 collect from Executive agencies, other than elements of the 

6 intelligence community (as defined in section 3(4) of the 

7 National Security Act of 1947 (50 U.S.C. 3003(4))), on 

8 at least an annual basis the following: 

9 ‘‘(I) The total number of persons employed di10 rectly by the Executive agency. 

11 ‘‘(II) The total number of prime contractor em12 ployees and subcontractor employees, as those terms 

13 are defined in section 8701 of title 41, issued cre14 dentials allowing access to Executive agency prop15 erty or computer systems. 

16 ‘‘(III) The total number of employees of Fed17 eral grant and cooperative agreement recipients, as 

18 those legal instruments are described in sections 

19 6304 and 6305 of title 31, respectively, who are 

20 issued credentials allowing access to Executive agen21 cy property or computer systems. 

22 ‘‘(IV) A total count of the workforce of the Ex23 ecutive agency, including employees, prime con24 tractor employees, subcontractor employees, grantee 

25 employees, and cooperative agreement employees. 


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1 ‘‘(ii) The Office of Personnel Management shall com2 pile the data collected under clause (i) and issue, and post 

3 on its website, an annual report containing the data.’’; and 

4 (2) in paragraph (2), by striking ‘‘paragraph 

5 (1)’’ and inserting ‘‘paragraph (1)(A)’’. 

6 (b) SENSE OF CONGRESS ON EFFECTIVE AND EFFI7 CIENT MANAGEMENT OF THE BLENDED FEDERAL WORK8 FORCE.— 

9 (1) DEFINITION.—In this subsection, the term 

10 ‘‘Executive agency’’ has the meaning given the term 

11 in section 105 of title 5, United States Code. 

12 (2) FINDINGS.—Congress finds the following: 

13 (A) The implementation of Federal laws 

14 and the competent administration of Federal 

15 programs require skilled and capable personnel. 

16 (B) Executive agencies depend on a blend17 ed workforce that includes Federal employees, 

18 employees of prime contractors and subcontrac19 tors performing services to Executive agencies, 

20 and employees of State or local governments, 

21 nonprofit organizations, or institutions of high22 er education performing services to Executive 

23 agencies under the terms of grants and cooper24 ative agreements (referred to in this subsection 

25 as ‘‘grantees’’), all of whom make essential conVerDate Sep 11 2014 19:47 Sep 23, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4910.IS S4910

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1 tributions to achieving the missions of the Fed2 eral Government in service to the people of the 

3 United States. 

4 (C) Approximately 2,000,000 Federal em5 ployees help to execute the laws of the United 

6 States, supplemented by an unknown number, 

7 estimated to exceed 5,000,000, of employees of 

8 prime contractors, subcontractors, and grantees 

9 providing services to Executive agencies. 

10 (D) Policymakers, Executive agencies, and 

11 observers have often focused on individual com12 ponents of the blended workforce, such as em13 ployees, without considering all components or 

14 considering the entire blended workforce and 

15 how all 3 components can work most effectively 

16 together. 

17 (E) Executive agencies inhibit their own 

18 workforce planning and risk making decisions 

19 that may reduce the overall efficiency and cost 

20 effectiveness of the blended workforce by focus21 ing on only 1 component in isolation. 

22 (F) Establishing artificial limits on 

23 headcounts or full-time equivalent positions for 

24 Federal employees, administrators, and mana25 gerial employees of Executive agencies may disVerDate Sep 11 2014 19:47 Sep 23, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4910.IS S4910

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1 courage the employment of interns or entry2 level employees to build a balanced employment 

3 pipeline and may inadvertently encourage man4 agers to shift work to contractors and grantees 

5 for the purpose of complying with such numer6 ical limits, even if those decisions are not justi7 fied by an approach to improve the efficiency or 

8 cost effectiveness of the Executive agency’s 

9 work. 

10 (G) The Government Accountability Office 

11 has identified strategic human capital manage12 ment as a high-risk area for the Federal Gov13 ernment, adding that critical skills gaps ‘‘im14 pede the government from cost-effectively serv15 ing the public and achieving results’’. 

16 (3) SENSE OF CONGRESS.—It is the sense of 

17 Congress that Executive agencies should— 

18 (A) manage the entire Federal blended 

19 workforce, including employees, contractors, 

20 and grantees, using a comprehensive and holis21 tic approach to advance their missions as effec22 tively and cost efficiently as possible, within ap23 propriated budgets and without using artificial 

24 numerical limits on headcounts or full-time25 equivalent positions; and 


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1 (B) conduct a holistic review of their 

2 blended workforce and develop a comprehensive 

3 plan to ensure an efficient and cost-effective 

4 blended workforce. 

Æ 


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