[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 59 Introduced in Senate (IS)]

<DOC>






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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