[Senate Report 117-206]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 558
117th Congress       }                           {          Report
                                 SENATE
 2d Session          }                           {          117-206
_______________________________________________________________________

                         CHANCE TO COMPETE ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 3423

             TO IMPLEMENT MERIT-BASED REFORMS TO THE CIVIL
            SERVICE HIRING SYSTEM THAT REPLACE DEGREE-BASED
             HIRING WITH SKILLS AND COMPETENCY-BASED HIRING

		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               November 17, 2022.--Ordered to be printed
               
               		     __________
               
                   U.S. GOVERNMENT PUBLISHING OFFICE
                    
39-010			  WASHINGTON : 2022                    



               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
                    Gauri Verma, Research Assistant
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Cara G. Mumford, Minority Director of Governmental Affairs
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk



                                                     Calendar No. 558
117th Congress       }                           {          Report
                                 SENATE
 2d Session          }                           {          117-206

======================================================================



 
                         CHANCE TO COMPETE ACT

                                _______
                                

               November 17, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 3423]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 3423) to implement 
merit-based reforms to the civil service hiring system that 
replace degree-based hiring with skills- and competency-based 
hiring, having considered the same, reports favorably thereon 
with an amendment in the nature of a substitute and recommends 
that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis of the Bill, as Reported.............4
  V. Evaluation of Regulatory Impact..................................6
 VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported............8

                         I. Purpose and Summary

    S. 3423, the Chance to Compete Act, makes reforms to the 
process of hiring candidates into the federal competitive 
service. It would improve the process for examining candidates 
by incorporating skills-based and competency-based technical 
assessments and more centrally involving subject matter experts 
within agencies. The bill would also establish a platform to 
make it easier to share qualified candidates across agencies, 
as well as public dashboard to add transparency to the hiring 
process. In addition, the bill would codify an executive order 
in which agencies are no longer permitted to prescribe minimum 
educational requirements for a position, with some narrow 
exceptions. Finally, the bill would codify a current 
Administrative effort to encourage agencies to establish talent 
teams focused on improving the competitive examination and 
hiring process.

              II. Background and Need for the Legislation

    Since 2001, the Government Accountability Office (GAO) has 
placed Strategic Human Capital Management on the High-Risk 
List.\1\ GAO finds that: ``Mission-critical skills gaps both 
within federal agencies and across the federal workforce pose a 
high risk to the nation because they impede the government from 
cost effectively serving the public and achieving results.''\2\ 
The GAO also notes that although the causes of a skills gap 
vary, they are often due to shortfalls in talent management 
activities.\3\
---------------------------------------------------------------------------
    \1\Government Accountability Office, Strategic Human Capital 
Management (www.gao.gov/highrisk/strategic-human-capital-management) 
(accessed Mar. 3, 2022).
    \2\Id.
    \3\Id.
---------------------------------------------------------------------------
    The National Academy of Public Administration (NAPA) has 
released multiple white papers examining talent management 
strategies for addressing human capital challenges in the 
federal government.\4\ The NAPA recommendations include calling 
on federal government to ``empower talent managers [. . .] with 
a keen knowledge of the skills and competencies employees 
should master for a line of work.''\5\ NAPA also suggests 
streamlining the hiring process by maintaining a pool of 
qualified workers so multiple vacancies can be filled more 
quickly.\6\
---------------------------------------------------------------------------
    \4\National Academy of Public Administration, No Time to Wait: 
Building a Public Service for the 21st Century (napawash.org/academy-
studies/no-time-to-wait-part-2-building-a-public-service-for-the-21st-
century) (accessed Mar. 3, 2022).
    \5\National Academy off Public Administration, No Time to Wait, 
Part 2: Building a Public Service for the 21st Century (Sept. 2018).
    \6\Id. at 20.
---------------------------------------------------------------------------
    In 2020, a report published by the National Commission on 
Military, National, and Public Service describes issues with 
the federal hiring process that deter applicants and do not 
result in candidates that meet agency needs.\7\ The Commission 
recommends that Congress reform federal hiring processes by 
moving away from the current style of resume reviews and self-
assessments towards more advanced assessments that involve 
hiring managers and subject matter experts.\8\
---------------------------------------------------------------------------
    \7\National Commission on Military, National, and Public Service, 
Inspired to Serve: The Final Report of the National Commission on 
Military, National, and Public Service (Mar. 2020).
    \8\Id. at 68.
---------------------------------------------------------------------------
    President Biden's Presidential Management Agenda in 2021 
similarly acknowledges the negative impact that the federal 
government's complex hiring process and long hiring times have 
had on the capacity of federal agencies to carry out their 
duties.\9\ The President has recognized the need to adapt 
federal hiring processes to meet future demands.\10\ In his 
budget request for fiscal year 2022, President Biden outlined 
his support for ``agency efforts to expand and enhance 
recruitment and hiring of top talent, and to deploy more 
effective qualifying assessments to improve hiring 
outcomes.''\11\ The Presidents budget request also called for 
the funding of agency talent teams as part of the effort to 
achieve better hiring outcomes.\12\
---------------------------------------------------------------------------
    \9\General Services Administration & the Office of Management and 
Budget, The Biden-Harris Management Agenda Vision: Toward an Equitable, 
Effective, and Accountable Government that Delivers Results for All 
(assets.performance.gov/PMA/BidenHarris_Management_Agenda_
Vision_11-18.pdf) (accessed Mar. 3, 2022).
    \10\Id. at 19.
    \11\The White House, Budget of the U.S. Government: Fiscal Year 
2022 (www.whitehouse.gov/wp-content/uploads/2021/05/budget_fy22.pdf) 
(accessed Mar. 3, 2022).
    \12\Id.
---------------------------------------------------------------------------
    Despite a number of recommendations to reform the hiring 
system and move agencies away from using self-assessments, 97% 
of competitive job announcements across the federal government 
still rely on the self-assessment questionnaires and a human 
resources resume review.\13\ In response, the Chance to Compete 
Act would take a number of steps to improve the way the federal 
government assesses and hires candidates into the civil 
service. The bill would build on a successful pilot conducted 
through the U.S. Digital Service (USDS), in partnership with 
the Office of Personnel Management (OPM).\14\ Results of the 
pilot program include a reduction in the hiring time of 
applicable positions at the Department of Interior from 45 to 
16 days on average and the Department ultimately hiring 52% of 
qualified candidates who applied, compared to zero candidates 
from baseline data.\15\ In addition, the pool of hired 
applicants included veterans and a diversity in race, age, and 
gender.\16\ In this model, subject matter experts are centrally 
involved in assessing the skills and competencies of applicants 
to ensure they are truly qualified for the work.\17\
---------------------------------------------------------------------------
    \13\General Services Administration, Hiring Assessment and 
Selection Outcome Dashboard (d2d.gsa.gov/report/hiring-assessment-and-
selection-outcome-dashboard) (accessed Mar. 3, 2022).
    \14\U.S. Digital Service, Subject Matter Expert Qualification 
Assessments (SME-QA) (www.usds.gov/projects/smeqa) (accessed Mar. 3, 
2022).
    \15\Id.
    \16\Id.
    \17\Id.
---------------------------------------------------------------------------
    Along with acting on the results of the pilot conducted by 
USDS and OPM, the Chance to Compete Act would establish a 
platform to make it easier to share qualified candidates across 
agencies, as well as a public dashboard to add transparency to 
the hiring process. The bill would also codify an executive 
order in which agencies are no longer permitted to prescribe 
minimum educational requirements for a position, with some 
narrow exceptions.\18\ Finally, the bill would codify a current 
Administrative effort to encourage agencies to establish talent 
teams focused on improving the competitive examination and 
hiring process, as mentioned in the President's fiscal year 
2022 budget request.\19\
---------------------------------------------------------------------------
    \18\See Exec. Order No. 13932, 85 Fed. Reg. 39457 (July 1, 2020).
    \19\The White House, supra note 11.
---------------------------------------------------------------------------

                        III. Legislative History

    Senator Krysten Sinema (D-AZ) introduced S. 3423, the 
Chance to Compete Act, on December 16, 2021, with Senator James 
Lankford (R-OK) and Senator Bill Hagerty (R-TN) as original 
cosponsors. The bill was referred to the Committee on Homeland 
Security and Governmental Affairs. Senator Thomas Carper (D-DE) 
joined as cosponsor on January 31, 2022.
    The Committee considered S. 3423 at a business meeting on 
February 2, 2022. During the business meeting, Senator Sinema 
offered a modification to a substitute amendment. The 
substitute amendment made some definitions changes in the 
context of hiring in the federal competitive service, including 
the terms ``examination,'' ``subject matter expert,'' and 
``technical assessments,'' among a few other smaller items. The 
modification to the substitute amendment made technical 
corrections, such as restoring a paragraph that requires more 
specific transparency in the dashboard. Senator Sinema's 
substitute amendment and modification to the substitute 
amendment were adopted by voice vote en bloc. The bill, as 
amended by the Sinema modified substitute amendment, was 
ordered reported favorably by voice vote en bloc, with Senators 
Peters, Carper, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Portman, Lankford, Scott, and Hawley present.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Chance to Compete Act of 2022.''

Sec. 2. Definitions

    Subsection (a) defines the terms ``agency,'' ``Director,'' 
``examining agency,'' ``Office,'' ``subject matter expert,'' 
and ``technical assessment'' in the context of this bill.
    Subsection (b) defines the term ``competitive service'' in 
the context of this bill.

Sec. 3. Defining the term ``examination'' for purposes of hiring the 
        competitive service

    Subsection (a) adds a new subsection regarding the 
examinations process to a section in title 5 related to hiring 
into the competitive service. The new subsection defines 
``examination'' as an opportunity to directly demonstrate 
knowledge, skills, abilities, and competencies through a 
passing score assessment and as including a resume review 
conducted by a subject matter expert. The text specifies that 
after two years following the bill's enactment, an examination 
cannot include other kinds of resume reviews, self-assessments, 
or any other methods based on educational attainment, alone. 
The new subsection defines the terms ``agency,'' ``Director,'' 
``examining agency,'' ``Office,'' ``passing score assessment,'' 
``subject matter expert,'' and ``technical assessment'' in the 
context of the new subsection. In addition, the new subsection 
specifies that subject matter experts at the hiring agency can 
develop position-specific assessments for the hiring process, 
in partnership with human resources employees at the agency. 
The subject matter expert may also administer the assessment to 
determine if an applicant is qualified for the position or to 
rank applicants for the position. Finally, the new subsection 
authorizes an agency to share technical assessments with other 
agencies. A receiving agency may customize the assessments so 
long as they continue to satisfy related requirements in 
federal regulations. The new subsection directs OPM to 
establish a platform that agencies can use to share and 
customize assessments.
    Subsection (b) directs OPM and the heads of agencies to 
eliminate the use of examinations that do not align with the 
new definition of examination, per subsection (a), within two 
years after the date of enactment of this bill.
    Subsection (c) requires OPM to maintain and periodically 
update a public dashboard with details on the hiring processes 
for positions in the competitive service, including the type of 
assessment and hiring authority used by the agency, as well as 
whether or not the agency selected a candidate. The subsection 
also requires OPM to annually submit a progress report with 
hiring summary data to Congress and make the report publicly 
available. The report must include data broken down by 
demographic indicator, such as veteran status, race, gender, 
and disability.
    Subsection (d) directs the GAO to assess the implementation 
of this section and make recommendations for improvements to 
the hiring process for the competitive service.

Sec. 4. Amendments to Competitive Service Act of 2015

    Subsection (a) amends existing language in title 5 to 
expand the length of time an individual may be selected from a 
``certificate of eligibles,'' which is a referral list of the 
highest-ranked eligible candidates for a position in the same 
occupational series and at a similar grade level. The text 
increases the length of time for selection from 240 days to one 
year. This subsection would also add provisions to establish a 
platform for sharing resumes of individuals on a certificate of 
eligibles, operated by OPM.
    Subsection (b) would add a new subsection to title 5 to 
maximize the sharing of qualified applicants across agencies. 
The new subsection defines the terms ``agency,'' ``Director,'' 
``Office,'' and ``competitive service'' in the context of the 
new subsection. The text directs OPM to share certificates of 
eligibles with accompanying resumes and allow agencies to host 
multi-agency hiring actions.
    Subsection (c) requires OPM to promulgate regulations to 
carry out this section within 180 days after the bill's 
enactment.

Sec. 5. Modernizing and reforming the assessment and hiring of Federal 
        job candidates

    Subsection (a) amends existing language in title 5 related 
to prescribing minimum educational requirements for competitive 
service positions. It would limit the use of minimum 
educational requirements to positions that cannot be legally 
performed by an individual who does not have the minimum 
prescribed educational level.
    Subsection (b) directs OPM to amend related guidance 
documents and regulations as needed to implement subsection 
(a). It also requires OPM and the heads of agencies to amend 
their hiring practices in this regard within one year after the 
bill's enactment.

Sec. 6. Talent teams

    Subsection (a) authorizes agencies to establish talent 
teams that provide hiring support to agencies in terms of 
improving examinations, facilitating the writing of job 
announcements, sharing of qualified applicants.
    Subsection (b) authorizes OPM to establish a federal talent 
team to support agency talent teams, including support for 
developing technical assessments and sharing qualified 
applicants.

                   V. Evaluation of Regulatory Impact

    [Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.]

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed table summarizing estimated budgetary 
effects and mandates information for some of the legislation 
that has been ordered reported by the Senate Committee on 
Homeland Security and Governmental Affairs during the 117th 
Congress.
    If you wish further details, we will be pleased to provide 
them. The CBO staff contact for each estimate is listed on the 
enclosed table.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

           SUMMARY ESTIMATES OF LEGISLATION ORDERED REPORTED

    The Congressional Budget Act of 1974 requires the 
Congressional Budget Office, to the extent practicable, to 
prepare estimates of the budgetary effects of legislation 
ordered reported by Congressional authorizing committees. In 
order to provide the Congress with as much information as 
possible, the attached table summarizes information about the 
estimated direct spending and revenue effects of some of the 
legislation that has been ordered reported by the Senate 
Committee on Homeland Security and Governmental Affairs during 
the 117th Congress. The legislation listed in this table 
generally would have small effects, if any, on direct spending 
or revenues, CBO estimates. Where possible, the table also 
provides information about the legislation's estimated effects 
on spending subject to appropriation and on intergovernmental 
and private-sector mandates as defined in the Unfunded Mandates 
Reform Act.

                                                  ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Increases
                                                               Direct                 Spending Subject   Pay-As-You-   On-Budget
   Bill        Title        Status      Last      Budget     Spending,    Revenues,          to              Go         Deficits    Mandates    Contact
  Number                               Action    Function    2023-2032    2023-2032    Appropriation,    Procedures    Beginning
                                                                                          2023-2027        Apply?       in 2033?
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 3423    Chance to      Ordered     02/02/22  800         Between      0            Not estimated     Yes           No           No          Matthew
            Compete Act    reported                          zero and                                                                           Pickford
            of 2022                                          $500,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 3423 would require federal agencies to prioritize hiring based on demonstrable skills (through technical assessments and examinations) rather than on
  educational requirements. To support those changes, the Office of Personnel Management would be required to create a platform to share examination
  tools and a public website that tracks the types of assessments used to fill open positions. CBO estimates that enacting S. 3423 would have an
  insignificant effect on direct spending and no effect on revenues over the 2023-2032 period. CBO has not estimated the discretionary costs of
  implementing S. 3423. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.

       VII. Changes in Existing Law Made by the Bill, as Reported


UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


Subpart B--Employment and Retention

           *       *       *       *       *       *       *


CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT

           *       *       *       *       *       *       *



Subchapter I--Examination, Certification, and Appointment

           *       *       *       *       *       *       *



SEC. 3304. COMPETITIVE SERVICE; EXAMINATIONS

    (a) * * *
    (b) * * *
    (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 2022, 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 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 
                                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 2022, 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
    [(c)](d)(1) For the purpose of this subsection, the term 
``technician'' has the meaning given such term by section 
8337(h)(1) of this title.
    (2) Notwithstanding a contrary provision of this title or 
of the rules and regulations prescribed under this title for 
the administration of the competitive service, an individual 
who served for at least 3 years as a technician acquires a 
competitive status for transfer to the competitive service if 
such individual--
          (A) is involuntarily separated from service as a 
        technician other than by removal for cause on charges 
        of misconduct or delinquency;
          (B) passes a suitable noncompetitive examination; and
          (C) transfers to the competitive service within 1 
        year after separating from service as a technician.
    [(d)](e) The Office of Personnel Management shall 
promulgate regulations on the manner and extent that experience 
of an individual in a position other than the competitive 
service, such as the excepted service (as defined under section 
2103) in the legislative or judicial branch, or in any private 
or nonprofit enterprise, may be considered in making 
appointments to a position in the competitive service (as 
defined under section 2102). In promulgating such regulations 
OPM shall not grant any preference based on the fact of service 
in the legislative or judicial branch. The regulations shall be 
consistent with the principles of equitable competition and 
merit based appointments.
    [(e)](f) Employees at any place outside the District of 
Columbia where the President or the Office of Personnel 
Management directs that examinations be held shall allow the 
reasonable use of public buildings for, and in all proper ways 
facilitate, holding the examinations.
    [(f)](g)(1) Preference eligibles or veterans who have been 
separated from the armed forces under honorable conditions 
after 3 years or more of active service may not be denied the 
opportunity to compete for vacant positions for which the 
agency making the announcement will accept applications from 
individuals outside its own workforce under merit promotion 
procedures.
    (2) If selected, a preference eligible or veteran described 
in paragraph (1) shall receive a career or career-conditional 
appointment, as appropriate.
    (3) This subsection shall not be construed to confer an 
entitlement to veterans' preference that is not otherwise 
required by law.
    (4) The area of consideration for all merit promotion 
announcements which include consideration of individuals of the 
Federal workforce shall indicate that preference eligibles and 
veterans who have been separated from the armed forces under 
honorable conditions after 3 years or more of active service 
are eligible to apply. The announcements shall be publicized in 
accordance with section 3327.
    (5) The Office of Personnel Management shall prescribe 
regulations necessary for the administration of this 
subsection. The regulations shall ensure that an individual who 
has completed an initial tour of active duty is not excluded 
from the application of this subsection because of having been 
released from such tour of duty shortly before completing 3 
years of active service, having been honorably released from 
such duty.

           *       *       *       *       *       *       *


SEC. 3308. COMPETITIVE SERVICE; EXAMINATIONS; EDUCATIONAL REQUIREMENTS 
                    PROHIBITED; EXCEPTIONS

    The Office of Personnel Management or other examining 
agency may not prescribe a minimum educational requirement for 
an examination for the competitive service except when the 
Office decides that the duties of a [scientific, technical, or 
professional] position cannot be legally performed by an 
individual who does not have a prescribed minimum education in 
a jurisdiction in which the duties of the position are to be 
performed. The Office shall make the reasons for its decision 
under this section a part of its public records.

           *       *       *       *       *       *       *


SEC. 3318. COMPETITIVE SERVICE; SELECTION FROM CERTIFICATES

    (a) * * *
    (b) Other appointing authorities.--
          (1) In general.--During the [240-day]1 year period 
        beginning on the date of issuance of a certificate of 
        eligibles under section 3317(a), an appointing 
        authority other than the appointing authority 
        requesting the certificate (in this subsection referred 
        to as the ``other appointing authority'') may select an 
        individual from that certificate in accordance with 
        this subsection for an appointment to a position that 
        is--
                  (A) in the same occupational series as the 
                position for which the certification of 
                eligibles was issued (in this subsection 
                referred to as the ``original position''); and
                  (B) at a similar grade level as the original 
                position.
          (2) Applicability.--An appointing authority 
        requesting a certificate of eligibles may share the 
        certificate with another appointing authority only if 
        the announcement of the original position provided 
        notice that the resulting list of eligible candidates 
        may be used by another appointing authority.
          (3) Requirements.--The selection of an individual 
        under paragraph (1)--
                  (A) shall be made in accordance with 
                subsection (a); and
                  (B) subject to paragraph (4), may be made 
                without any additional posting under section 
                3327.
          (4) Internal notice.--Before selecting an individual 
        under paragraph (1), and subject to the requirements of 
        any collective bargaining obligation of the other 
        appointing authority, the other appointing authority 
        shall--
                  (A) provide notice of the available position 
                to employees of the other appointing authority;
                  (B) provide up to 10 business days for 
                employees of the other appointing authority to 
                apply for the position; and
                  (C) review the qualifications of employees 
                submitting an application.
          (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.
          [(5)](6) Collective bargaining obligations.--Nothing 
        in this subsection limits any collective bargaining 
        obligation of an agency under chapter 71.

           *       *       *       *       *       *       *


SEC. 3319. ALTERNATIVE RANKING AND SELECTION PROCEDURES

    (a) The Office, in exercising its authority under section 
3304, or an agency to which the Office has delegated examining 
authority under section 1104(a)(2), may establish category 
rating systems for evaluating applicants for positions in the 
competitive service, under 2 or more quality categories based 
on merit consistent with regulations prescribed by the Office 
of Personnel Management, rather than assigned individual 
numerical ratings. To be placed in a quality category under the 
proceeding sentence, an applicant shall be required to have 
passed an examination in accordance with section 3304(b), 
subject to the exceptions in that section.

           *       *       *       *       *       *       *


SEC. 3330A. PREFERENCE ELIGIBLES; ADMINISTRATIVE REDRESS

    (a)(1)(A) A preference eligible who alleges that an agency 
has violated such individual's rights under any statute or 
regulation relating to veterans' preference may file a 
complaint with the Secretary of Labor.
    (B) A veteran described in [section 3304(f)(1)]section 
3304(g)(1) who alleges that an agency has violated such section 
with respect to such veteran may file a complaint with the 
Secretary of Labor.

           *       *       *       *       *       *       *


COMPETITIVE SERVICE ACT OF 2015

           *       *       *       *       *       *       *


SEC. 2. ADDITIONAL APPOINTING AUTHORITIES FOR COMPETITIVE SERVICE

    (a) * * *
    (b) * * *
    (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 
                mutli-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)](d) Technical and conforming amendment.--Section 
9510(b)(5) of title 5, United States Code, is amended by 
striking ``3318(b)'' and inserting ``3318(c)''.
    [(d)](e) Regulations.--Not later than 1 year after the date 
of enactment of this Act, the Director of the Office of 
Personnel Management shall issue an interim final rule with 
comment to carry out the amendments made by this section.

           *       *       *       *       *       *       *


                                  [all]