Title: Facilitating Federal Employee Reskilling Act
Policy area: Government Operations and Politics

Summary:
Facilitating Federal Employee Reskilling Act
This bill establishes certain standards for federal reskilling programs. The bill defines federal reskilling program as a program established by an executive agency, or the Office of Personnel Management, to provide employees with technical skills or expertise that would qualify them to serve in different positions.
The bill requires such programs to use merit-based principles with respect to employees' participation and placement. Participating employees must also be given the option to return to their original positions, particularly if they are unsuccessful in their new positions. Additionally, employees' new positions must be of at least the same class or grade as their original positions; new positions must also utilize employees' newly acquired skills or expertise.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1330 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1330

   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

_______________________________________________________________________

                                 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,

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, 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.
    (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--
            (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--
                    (A) participation by employees in the program; and
                    (B) determining the placement of employees upon 
                completion of the program;
            (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);
            (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;
            (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;
            (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
            (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.
    (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--
            (1) a summary of each Federal reskilling program;
            (2) the number of, and demographics with respect to, 
        employees who have participated in each Federal reskilling 
        program;
            (3) the number of, and demographics with respect to, 
        employees who have completed each Federal reskilling program;
            (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;
            (5) an analysis of the effectiveness, costs, and benefits 
        of each Federal reskilling program; and
            (6) any other measure or outcome that the Director 
        determines to be relevant.
    (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--
            (1) perform an evaluation of the effectiveness, costs, and 
        benefits of the program; and
            (2) make any necessary modifications to the program in 
        order to accomplish the goals of the program.
    (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.
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