[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 59 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 59
To implement merit-based reforms to the civil service hiring system
that replace degree-based hiring with skills- and competency-based
hiring.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Ms. Sinema (for herself, Mr. Hagerty, Mr. Lankford, and Mr. Carper)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To implement merit-based reforms to the civil service hiring system
that replace degree-based hiring with skills- and competency-based
hiring.
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 2023''.
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 defined for purposes of this
chapter.--For purposes of this chapter, the term
`examination'--
``(i) means an opportunity to directly
demonstrate knowledge, skills, abilities, and
competencies, through a passing score
assessment;
``(ii) includes a resume review that is--
``(I) conducted by a subject matter
expert; and
``(II) 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 2023, does not include a
self-assessment from an automated examination,
a resume review (except as provided in clause
(ii)), or any other method of determining the
experience or level of educational attainment
of an individual, alone.
``(B) Other terms.--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 `Office' means the Office
of Personnel Management;
``(v) the term `passing score assessment'
means an assessment that an individual can pass
or fail;
``(vi) 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 delegated examining
unit of the agency that employs the
employee or selecting official
designates to assist in the development
and administration of technical
assessments under paragraph (2); and
``(vii) 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;
``(bb) is relevant to the position
for which the assessment is developed;
and
``(cc) does not discriminate on the
basis of a protected status, as
established by the Director in
regulations implementing this
subsection; 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,
a subject matter expert who is determined by the
subject matter expert's agency to be an expert 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 a
passing score to be qualified 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 a platform
on which examining agencies can share
and customize technical assessments
under this subparagraph.
``(II) Guidance.--Not later than 1
year after the date of enactment of the
Chance to Compete Act of 2023, the
Director shall issue guidance to
examining agencies on how to
efficiently and effectively share
assessments using the platform
established under subclause (I).
``(C) Adoption of determinations by other
agencies.--For purposes of sections 3318(b) and
3319(c), an appointing authority, other than the
appointing authority requesting a certificate of
eligibles, that selects an individual from that
certificate in accordance with such section 3318(b) or
3319(c) may adopt the determination described in
subparagraph (A) of this paragraph of a subject matter
expert employed by the requesting appointing authority
instead of administering an additional technical
assessment of the individual.''.
(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) Implementation of Passing Score Assessment Requirement.--Not
later than 2 years after the date of enactment of this Act, the
Director and the head of any other examining agency shall eliminate the
use of any examination for the competitive service that does not
satisfy the definition of the term ``examination'' in subsection
(c)(1)(A) of section 3304 of title 5, United States Code, as added by
subsection (a) of this section.
(c) OPM Reporting.--
(1) Public dashboard.--
(A) In general.--The Director shall maintain and
periodically update a publicly available dashboard
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 dashboard 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 dashboard is initially
updated under clause (i), the Director shall
update the dashboard 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 of 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.
(d) 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.--Section
3318(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``240-day'' and inserting
``1-year'';
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) Platform for sharing resumes of individuals on
certificates of eligibles.--The Director of the Office shall
establish and operate a platform 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.''.
(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) 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 maximize 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) Amendment of Implementing Regulations.--Not later than 180 days
after the date of enactment of this Act, the Director shall promulgate
regulations to carry out the amendments made by this section.
SEC. 5. MODERNIZING AND REFORMING THE ASSESSMENT AND HIRING OF FEDERAL
JOB CANDIDATES.
(a) In General.--Section 3308 of title 5, United States Code, is
amended--
(1) by striking ``scientific, technical, or professional'';
(2) by inserting ``legally'' before ``performed''; and
(3) by inserting ``in a jurisdiction in which the duties of
the position are to be performed'' after ``a prescribed minimum
education''.
(b) Implementation.--
(1) Regulations and guidance documents.--Not later than 1
year after the date of enactment of this Act, the Director
shall amend all regulations and guidance documents as necessary
to implement the amendments made by subsection (a).
(2) Hiring practices.--Not later than 1 year after the date
of enactment of this Act, 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 amendments made by subsection (a).
SEC. 6. TALENT TEAMS.
(a) Federal Agency Talent Teams.--
(1) In general.--An agency may establish 1 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.
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