II Calendar No. 556 117th CONGRESS 2d Session S. 1330 [Report No. 117–204] 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.

1. Short title This Act may be cited as the Facilitating Federal Employee Reskilling Act . 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.

1. Short title This Act may be cited as the Facilitating Federal Employee Reskilling Act . 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.

November 17, 2022 Reported with an amendment