[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[House]
[Pages H8145-H8148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CHANCE TO COMPETE ACT OF 2022
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I move to suspend
the rules and pass the bill (H.R. 6967) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6967
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
[[Page H8146]]
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;
[[Page H8147]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New York (Mrs. Carolyn B. Maloney) and the gentleman from Kentucky (Mr.
Comer) each will control 20 minutes.
The Chair recognizes the gentlewoman from New York.
General Leave
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I ask unanimous
consent that all Members have 5 legislative days in which to revise and
extend their remarks and insert extraneous material on H.R. 6967.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman?
There was no objection.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, I rise in support of H.R. 6967, the Chance to Compete
Act.
The bipartisan Chance to Compete Act was introduced by Representative
Hice along with Representatives Khanna, Foxx, and Mfume.
Representatives Mace and Subcommittee Chairman Connolly later joined
the bill, as well.
This bill aims to make evaluations more useful in assessing the
skills of candidates for Federal positions and alleviate inefficiencies
that have long hindered the hiring process.
The bill turns away from the current reliance on self-assessment and
attainment of an educational degree to determine candidate
qualifications in the Federal hiring process. Instead, subject matter
experts in agencies would design assessments that test knowledge
specific to a position for which the agency is hiring.
This overhaul to the assessment method would better match qualified
applicants with positions and expand employment opportunities to
candidates with more diverse professional and educational backgrounds.
The Chance to Compete Act aligns with the Office of Personnel
Management's guidance released in May to facilitate an executive order
to modernize the process of assessing and hiring Federal job
candidates. Establishing hiring methods that are more skills-based will
improve agency managers' ability to hire people who possess the
knowledge and experience to do the job and to hire from a wider array
of qualified applicants.
The bill also directs the Office of Personnel Management to create an
online platform for sharing candidate assessments between agencies and
maintain a portal for hiring managers to find candidates who have
already demonstrated their qualifications for certain positions but
were not hired.
Under this legislation, agencies may assemble talent teams to support
this assessment of job candidates and the hiring process.
The OPM director would be required to submit annual progress reports
to Congress on the use of the skills-based assessments. After 5 years,
the Government Accountability Office would conduct a study of the
implementation of the Federal job assessment reforms and their impact
on the Federal hiring process.
This bill streamlines the hiring process for Federal agencies and
shortens the time it takes to bring new, well-qualified employees on
board.
The Senate companion to this bill, introduced by Senator Sinema, also
enjoys bipartisan support.
I thank Representative Hice for his leadership in introducing this
bill that is the result of constructive collaboration by several
members of our committee from both sides of the aisle.
Mr. Speaker, I urge all my colleagues to join me in supporting it,
and I reserve the balance of my time.
Mr. COMER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, Congress is charged with overseeing the general
management and operations of government agencies. For the success of
each Federal program, we must have a competent and skilled workforce to
deliver services to the American people, defend our Nation, and execute
the laws passed by Congress. However, agencies currently lack the tools
to identify and hire the best candidates to fill the broad types of job
positions supporting the Federal Government's various missions and
programs.
The problem is that hiring for the Federal civil service has over-
relied on the paper credentials and self-administered job proficiency
assessments of candidates.
The Chance to Compete Act makes sure agencies use objective, skills-
based assessments to evaluate job candidates. The private sector
already uses such structured interviews, knowledge tests, and writing
samples for the hiring process. It is time for the Federal Government
to do so, as well.
Agencies should be able to hire professionals that can do the work,
and there are many ways to build the right kind of professional
expertise.
H.R. 6967 represents one of those rare, bipartisan legislative
reforms that targets a specific problem, implements tested solutions,
and reflects private-sector best practices. The bill codifies and
improves upon policy initiatives begun in the Trump administration
which the Biden administration is continuing to implement.
Mr. Speaker, I thank the House Oversight and Reform Committee
Chairwoman Maloney and Government Operations Subcommittee Chairman
Gerry Connolly for working diligently with the bill's cosponsor,
Congressman Jody Hice, to strengthen this bipartisan bill.
{time} 1530
Mr. Speaker, I thank Representatives Ro Khanna, Virginia Foxx, and
Kweisi Mfume for their support. We hope that our Senate colleagues can
rapidly advance this important legislation so it can be signed into law
this year, and I urge my colleagues to support this smart reform bill.
Mr. Speaker, I yield 3 minutes to the gentleman from Georgia (Mr.
Hice), the ranking member of the Subcommittee on Government Operations.
Mr. HICE of Georgia. Mr. Speaker, I appreciate the support and
comments both from Ranking Member Comer and Chairwoman Maloney. I
appreciate that a great deal.
The concept of this bill is quite simple. It allows us to hire
applicants for Federal positions based on whether or not they have the
skills for the job. It is really that simple.
Too frequently, the hiring process is based on whether or not someone
has a degree whether or not that degree has anything to do with the
specific position or not.
Currently, hiring managers also have to rely on self-assessments that
are filled out by applicants to determine their strengths and
weaknesses. Not surprisingly, those assessments also are likely not to
work.
This Chance to Compete Act simply allows agencies to develop
appropriate skills that are based on examinations so that the
applicants show what they can do. Federal supervisors have said for a
long time that their top concern is getting a pool of quality
candidates to do the job, and this bill addresses that problem head-on.
It will facilitate agencies sharing information about candidates who
have passed assessments, which will make the hiring process more
efficient across the government, saving both time and money. It also
creates teams of subject matter experts to help agencies create
assessments that are geared for the job.
This builds off what was started in the Trump administration, and I
likewise express my thanks to Representatives Khanna, Foxx, Mfume, and
Mace for their cosponsorship, as well as Chairman Connolly, my
colleague
[[Page H8148]]
from the Subcommittee on Government Operations.
This is good policy. It will help America's government work more
efficiently.
Mr. Speaker, I urge my colleagues to support this smart reform bill.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I reserve the
balance of my time.
Mr. COMER. Mr. Speaker, this is a commonsense bill aimed at hiring
applicants for Federal positions based on whether they have the
relevant skills to do the job. The American people deserve nothing less
from their Federal Government.
Mr. Speaker, I encourage my colleagues to support this bill, and I
yield back the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I urge passage of
H.R. 6967, and I yield back the balance of my time.
Mr. Speaker, I rise in support of H.R. 6967, the Chance to Compete
Act.
This bill is a good first step in reforming how we find and hire
talent to the federal civil service and removes barriers that prevent
agencies from recruiting the best talent.
The bill specifically eliminates antiquated hiring assessment tools,
improves federal agencies' hiring process, and allows qualified
applicants to compete for open positions across government. This bill
will move government away from a focus on academic parchment to a
prioritization on skills and expertise.
I'm proud to be a cosponsor of this bill, introduced by my Ranking
Member Jody Hice and my Oversight colleague Ro Khanna.
The bill came to us from the Senate, less than perfect and opposed by
the Administration.
But parties across both chambers worked together to draft an updated
version of the bill that incorporates important feedback from the
Office of Personnel Management and the Office of Management and Budget.
As currently drafted, the bill would:
Redefine competitive-service hiring applicant assessments to help
agencies focus on candidates who can perform on the job.
Put subject-matter experts at the helm of hiring, empowering those
who can best distinguish practical performers from the field of
candidates.
Require OPM to begin a review of all federal ``duties'' that require
an educational achievement level for hiring purposes, and then
instructs OPM to make available online the data.
Clarify to agencies, Congress, and the public why some positions,
like a doctor at the Department of Veterans Affairs, must have an
advanced degree, while a cybersecurity expert at the Department of
Homeland Security would benefit from a seasoned specialist, trained
from the field.
Authorize ``talent teams'' in agency human resources offices--
ensuring each agency has a key group of staff focused on improving
federal hiring.
I thank Ranking Member Hice for working with me to improve this bill
and ensure it is policy that all stakeholders, including the
Administration and our union partners, believe will improve how we find
and recruit talent to the federal government.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New York (Mrs. Carolyn B. Maloney) that the House
suspend the rules and pass the bill, H.R. 6967, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HICE of Georgia. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________