[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6967 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 6967
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 11, 2022
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
To implement merit-based reforms to the civil service hiring system
that replace degree-based hiring with skills- and competency-based
hiring, 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 ``Chance to Compete Act of 2022''.
SEC. 2. DEFINITIONS.
(a) Terms Defined in Section 3304 of Title 5, United States Code.--
In this Act, the terms ``agency'', ``Director'', ``examining agency'',
``Office'', ``subject matter expert'', and ``technical assessment''
have the meanings given those terms in subsection (c)(1) of section
3304 of title 5, United States Code, as added by section 3(a).
(b) Other Terms.--In this Act, the term ``competitive service'' has
the meaning given the term in section 2102 of title 5, United States
Code.
SEC. 3. DEFINING THE TERM ``EXAMINATION'' FOR PURPOSES OF HIRING IN THE
COMPETITIVE SERVICE.
(a) Examinations; Technical Assessments.--
(1) In general.--Section 3304 of title 5, United States
Code, is amended--
(A) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(B) by inserting after subsection (b) the
following:
``(c) Examinations.--
``(1) Definitions.--
``(A) Examination.--
``(i) In this chapter, the term
`examination'--
``(I) means an opportunity to
directly demonstrate knowledge, skills,
abilities, and competencies, through an
assessment;
``(II) includes a resume review
that is--
``(aa) conducted by a
subject matter expert; and
``(bb) based upon
indicators that--
``(AA) are derived
from a job analysis;
and
``(BB) bear a
rational relationship
to performance in the
position for which the
examining agency is
hiring; and
``(III) on and after the date that
is 2 years after the date of enactment
of the Chance to Compete Act of 2022,
does not include a self-assessment from
an automated examination, a resume
review (except as provided in subclause
(II)), or any other method of
determining the experience or level of
educational attainment of an
individual, alone.
``(ii)(I) An agency's Chief Human Capital
Officer may waive clause (i)(III) if the
Officer provides a written report to the
Director of the Office of Personnel Management
within 30 days of authorizing the waiver that
justifies the need for such waiver and
articulates the data, evidence, and
circumstances for such need.
``(II) The Director is authorized to
provide agencies guidance and instruction on
the data, evidence, and circumstances that
should be included in the waiver described in
subclause (I) and shall post any waiver on a
public website within 30 days of receipt of the
waiver.
``(III) A waiver shall not be considered in
effect until it is posted on the public website
pursuant to subclause (II).
``(B) Other definitions.--In this subsection--
``(i) the term `agency' means an agency
described in section 901(b) of title 31;
``(ii) the term `Director' means the
Director of the Office;
``(iii) the term `examining agency' means--
``(I) the Office; or
``(II) an agency to which the
Director has delegated examining
authority under section 1104(a)(2) of
this title;
``(iv) the term `subject matter expert'
means an employee or selecting official--
``(I) who possesses understanding
of the duties of, and knowledge,
skills, and abilities required for, the
position for which the employee or
selecting official is developing or
administering an assessment; and
``(II) whom the agency that employs
the employee or selecting official
designates to assist in the development
and administration of technical
assessments under paragraph (2); and
``(v) the term `technical assessment' means
an assessment developed under paragraph
(2)(A)(i) that--
``(I) allows for the demonstration
of job-related technical skills,
abilities, and knowledge;
``(II)(aa) is based upon a job
analysis; and
``(bb) is relevant to the position
for which the assessment is developed;
and
``(III) may include--
``(aa) a structured
interview;
``(bb) a work-related
exercise;
``(cc) a custom or generic
procedure used to measure an
individual's employment or
career-related qualifications
and interests; or
``(dd) another assessment
that meets the criteria under
subclauses (I) and (II).
``(2) Technical assessments.--
``(A) In general.--For the purpose of conducting an
examination for a position in the competitive service,
an individual or individuals whom an agency determines
to have an expertise in the subject and job field of
the position, as affirmed and audited by the Chief
Human Capital Officer or Human Resources Director (as
applicable) of that agency, may--
``(i) develop, in partnership with human
resources employees of the examining agency, a
position-specific assessment that is relevant
to the position; and
``(ii) administer the assessment developed
under clause (i) to--
``(I) determine whether an
applicant for the position has
demonstrated qualification for the
position; or
``(II) rank applicants for the
position for category rating purposes
under section 3319.
``(B) Sharing and customization of assessments.--
``(i) Sharing.--An examining agency may
share a technical assessment with another
examining agency if each agency maintains
appropriate control over examination material.
``(ii) Customization.--An examining agency
with which a technical assessment is shared
under clause (i) may customize the assessment
as appropriate, provided that the resulting
assessment satisfies the requirements under
part 300 of title 5, Code of Federal
Regulations (or any successor regulation).
``(iii) Platform for sharing and
customization.--
``(I) In general.--The Director
shall establish and operate an online
platform on which examining agencies
can share and customize technical
assessments under this subparagraph.
``(II) Online platform.--The
Director shall--
``(aa) not be responsible
for independently validating
the utility of the content and
technical assessments shared in
the online platform described
in subclause (I); and
``(bb) ensure that such
online platform includes the
ability of its users to rate
the utility of the content and
technical assessments shared in
the online platform to allow
for a ranking of such contents.
``(3) Regulations.--Not later than one year after the date
of enactment of the Chance to Compete Act of 2022, the Office
of Personnel Management shall prescribe regulations necessary
for the administration of this subsection with respect to
employees in each agency.''.
(2) Alternative ranking and selection procedures.--Section
3319(a) of title 5, United States Code, is amended by adding at
the end the following: ``To be placed in a quality category
under the preceding sentence, an applicant shall be required to
have passed an examination in accordance with section 3304(b),
subject to the exceptions in that section.''.
(3) Technical and conforming amendment.--Section
3330a(a)(1)(B) of title 5, United States Code, is amended by
striking ``section 3304(f)(1)'' and inserting ``section
3304(g)(1)''.
(b) OPM Reporting.--
(1) Public online tool.--
(A) In general.--The Director of the Office of
Personnel Management shall maintain and periodically
update a publicly available online tool that, with
respect to each position in the competitive service for
which an examining agency examined applicants during
the applicable period, includes--
(i) the type of assessment used, such as--
(I) a behavioral off-the-shelf
assessment;
(II) a resume review conducted by a
subject matter expert;
(III) an interview conducted by a
subject matter expert;
(IV) a technical off-the-shelf
assessment; or
(V) a cognitive ability test;
(ii) whether or not the agency selected a
candidate for the position; and
(iii) the hiring authority used to fill the
position.
(B) Timing.--
(i) Initial data.--Not later than 180 days
after the date of enactment of this Act, the
Director shall update the online tool described
in subparagraph (A) with data for positions in
the competitive service for which an examining
agency examined applicants during the period
beginning on the date of enactment of this Act
and ending on the date of submission of the
report.
(ii) Subsequent updates.--Not later than
October 1 of each fiscal year beginning after
the date on which the online tool is initially
updated under clause (i), the Director shall
update the online tool described in
subparagraph (A) with data for positions in the
competitive service for which an examining
agency examined applicants during the preceding
fiscal year.
(2) Annual progress report.--
(A) In general.--Each year, the Director, in
accordance with subparagraphs (B) and (C), shall make
publicly available and submit to Congress an overall
progress report that includes summary data from
examinations that are closed, audited, and anonymous on
the use of examinations (as defined in subsection
(c)(1)(A) of section 3304 of title 5, United States
Code, as added by subsection (a) of this section) for
the competitive service, including technical
assessments.
(B) Categories; baseline data.--In carrying out
subparagraph (A), the Director shall--
(i) break the data down by applicant
demographic indicator, including veteran
status, race, gender, disability, and any other
measure the Director determines appropriate;
and
(ii) use the data available as of October
1, 2020, as a baseline.
(C) Limitations.--In carrying out subparagraph (A),
the Director may only make publicly available and
submit to Congress data relating to examinations for
which--
(i) the related announcement is closed;
(ii) certificates have been audited; and
(iii) all hiring processes are completed.
(c) GAO Report.--Not later than 5 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report that--
(1) assesses the implementation of this section and the
amendments made by this section;
(2) assesses the impact and modifications to the hiring
process for the competitive service made by this section and
the amendments made by this section; and
(3) makes recommendations for the improvement of the hiring
process for the competitive service.
SEC. 4. AMENDMENTS TO COMPETITIVE SERVICE ACT OF 2015.
(a) Platforms for Sharing Certificates of Eligibles.--
(1) In general.--Section 3318(b) of title 5, United States
Code, is amended--
(A) in paragraph (1), by striking ``240-day'' and
inserting ``1-year'';
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following:
``(5) Online tool for sharing resumes of individuals on
certificates of eligibles.--Not later than one year after the
date of enactment of the Chance to Compete Act of 2022, the
Director of the Office of Personnel Management shall establish
and operate an online tool on which an appointing authority can
share, with other appointing authorities and the Chief Human
Capital Officers Council established under section 1303 of the
Chief Human Capital Officers Act of 2002 (5 U.S.C. 1401 note;
Public Law 107-296), the resumes of individuals who are on a
certificate of eligibles requested by the appointing authority.
In carrying out this paragraph, the Director shall consult with
the Chief Human Capital Officers Counsel and its membership to
develop a plan to establish such online tool.''.
(2) Plan.--Not later than 270 days year after the date of
enactment of this Act, the Director shall provide to Congress a
plan to develop the online tool required in paragraph (5) of
section 3318(b) of title 5, United States Code, as added by
paragraph (1) of this subsection. Such plan shall--
(A) incorporate the input and feedback collected
during the required consultation under such paragraph;
and
(B) include estimated costs for building and
operating the online tool for ten years.
(b) Maximizing Sharing of Applicant Information.--Section 2 of the
Competitive Service Act of 2015 (Public Law 114-137; 130 Stat. 310) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Exploring the Benefits of Maximizing Sharing of Applicant
Information.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency', `Director', and `Office'
have the meanings given those terms in section
3304(c)(1) of title 5, United States Code; and
``(B) the term `competitive service' has the
meaning given the term in section 2102 of title 5,
United States Code.
``(2) Maximizing sharing.--The Director shall research the
benefits of maximizing the sharing of information among
agencies regarding qualified applicants for positions in the
competitive service, including by--
``(A) providing for the delegation to other
agencies of the authority of the Office to host multi-
agency hiring actions to increase the return on
investment on high-quality pooled announcements; and
``(B) sharing certificates of eligibles and
accompanying resumes for appointment.''.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Director shall provide a written report to Congress on
the findings of the research required by the amendment made by
subsection (b)(2). Such report shall include a plan to implement the
most effective methods of maximizing the sharing of qualified
candidates for positions in the competitive service.
SEC. 5. MODERNIZING AND REFORMING THE ASSESSMENT AND HIRING OF FEDERAL
JOB CANDIDATES.
(a) OPM Review.--The Director shall conduct a review of all
examinations for hiring for a position that the Office or any other
examining agency has determined requires a minimum educational
requirement because of the nature of the duties of such position is of
a scientific, technical, or professional position pursuant to section
3308 of title 5, United States Code, to determine whether there are
data, evidence, or other information that justifies the need for
educational requirements for such position. The Director shall consult
with appropriate agencies, employee representatives, external experts,
and other stakeholders when making any such determinations.
(b) Online Tool Regarding Position Duties.--
(1) In general.--Not later than two years after the date of
enactment of this Act, the Director shall create and maintain
an online tool that lists each of the duties determined to
require minimum educational requirements and the data,
evidence, or other information that justifies the need for
these educational requirements. This online tool shall include
a mechanism to receive feedback regarding data, evidence, or
information that could affect the determination that a duty
requires a minimum educational requirement.
(2) Hiring practices.--Not later than one year after the
creation of the online tool under paragraph (1), the Director
and the head of any other examining agency shall amend the
hiring practices of the Office or the other examining agency,
respectively, in accordance with the findings of the review
made by subsection (a).
(c) Online Tool Regarding Recruiting.--Upon the date of enactment
of this Act, the Director shall establish and maintain an online tool
that provides Federal agencies guidance on, and information about, all
programs and authorities that help agencies attract, recruit, hire, and
retain individuals.
SEC. 6. TALENT TEAMS.
(a) Federal Agency Talent Teams.--
(1) In general.--An agency may establish one or more talent
teams (referred to in this section as ``agency talent teams''),
including at the component level.
(2) Duties.--An agency talent team shall provide hiring
support to the agency and other agencies, including by--
(A) improving examinations (as defined in
subsection (c)(1)(A) of section 3304 of title 5, United
States Code, as added by section 3(a));
(B) facilitating writing job announcements for the
competitive service;
(C) sharing high-quality certificates of eligibles;
and
(D) facilitating hiring for the competitive service
using examinations (as defined in such subsection
(c)(1)(A)) and subject matter experts.
(b) Office of Personnel Management.--The Director may establish a
Federal talent team to support agency talent teams in facilitating
pooled hiring actions across the Federal Government, providing
training, and creating technology platforms to facilitate hiring for
the competitive service, including--
(1) the development of technical assessments; and
(2) the sharing of certificates of eligibles and
accompanying resumes under sections 3318(b) and 3319(c) of
title 5, United States Code.
SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives September 29, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.