#aahth ,,congress #ast ,session ,h4 ,r4 #aei ,,an ,,act ,to implement merit-based reforms to the civil service hiring system that replace degree-based hiring with skills- and competency-based hiring1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,chance to ,compete ,act of #bjbc4 #b4 ,definitions 7a7 ,terms defined in section #ccjd of title #e1 united states code ,in this ,act1 the terms agency1 ,director1 examining agency1 ,office1 subject matter expert1 and technical assessment have the meanings given those terms in subsection 7c77#a7 of section #ccjd of title #e1 ,united ,states ,code1 as added by section #c7;a74 7b7 ,other terms ,in this ,act1 the term competitive service has the meaning given the term in section #bajb of title #e1 ,united ,states ,code4 #c4 ,defining the term 8examination0 for purposes of hiring in the competitive service 7a7 ,examinations2 technical assessments 7#a7 ,in general ,section #ccjd of title #e1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subsections 7c7 through 7f7 as subsections 7d7 through 7g71 respectively2 and 7,b7 by inserting after subsection 7b7 the following3 7c7 ,examinations 7#a7 ,definitions 7,a7 ,examination 7i7 ,in this chapter1 the term examination-- 7,i7 means an opportunity to directly demonstrate knowledge1 skills1 abilities1 and competencies1 through a passing score assessment2 7,,ii7 includes a rsum review that is-- 7aa7 conducted by a subject matter expert2 and 7bb7 based upon indicators that-- 7,,aa7 are derived from a job analysis2 and 7,,bb7 bear a rational relationship to performance in the position for which the examining agency is hiring2 and 7,,iii7 on and after the date that is #b years after the date of enactment of the ,chance to ,compete ,act of #bjbc does not include a self-assessment from an automated examination1 a rsum review 7except as provided in subclause 7,,ii771 or any other method of determining the experience or level of educational attainment of an individual1 alone4 7ii7 7,i7 ,an agency's ,chief ,human ,capital ,officer may waive clause 7i77,,iii7 when needed to enable the filling of a position or class of positions4 7,,ii7 ,not later than #ahj days after the date of enactment of the ,chance to ,compete ,act of #bjbc1 the ,director shall provide agencies guidance and instruction on the data1 evidence1 and circumstances that ,chief ,human ,capital ,officers of agencies should consider in determining whether to grant a waiver under subclause 7,i74 7,,iii7 7aa7 ,an agency shall post any waiver granted under subclause 7,i7 on a public website within #cj days of the granting of the waiver4 7bb7 ,a waiver shall not be considered in effect until it is posted on the public website pursuant to item 7aa74 7,,iv7 7aa7 ,each agency shall submit to the ,director on a semiannual basis a report summarizing the number of waivers granted by the ,chief ,human ,capital ,officer of the agency under subclause 7,i7 during the preceding #f-month period and the reasons therefor4 7bb7 ,the ,director shall submit annually to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,accountability of the ,house of ,representatives a report summarizing the number of waivers granted by the ,chief ,human ,capital ,officers of all agencies under subclause 7,i7 during the preceding year and the reasons therefor provided by the agencies4 7,v7 ,not more than #aj percent of an agency's positions filled through competitive hiring procedures during a fiscal year may be filled under the authority of a waiver granted under clause 7,i71 and an agency shall obtain the ,director's approval to fill more than #e percent of such positions under such authority4 7,b7 ,other definitions ,in this subsection-- 7i7 the term agency means an agency described in section #ija7;b7 of title #ca2 7ii7 the term ,director means the ,director of the ,office2 7iii7 the term examining agency means-- 7,i7 the ,office2 or 7,,ii7 an agency to which the ,director has delegated examining authority under section #aajd7;a77#b7 of this title2 7iv7 the term passing score assessment means an assessment that an individual can pass or fail2 7v7 the term subject matter expert means an employee or selecting official-- 7,i7 who possesses understanding of the duties of1 and knowledge1 skills1 and abilities required for1 the position for which the employee or selecting official is developing or administering an assessment2 and 7,,ii7 whom the agency that employs the employee or selecting official designates to assist in the development and administration of technical assessments under paragraph 7#b72 and 7vi7 the term technical assessment means an assessment developed under paragraph 7#b77;,a77i7 that-- 7,i7 allows for the demonstration of job-related technical skills1 abilities1 and knowledge2 7,,ii7 7aa7 is based upon a job analysis2 and 7bb7 is relevant to the position for which the assessment is developed2 and 7,,iii7 may include-- 7aa7 a structured interview2 7bb7 a work-related exercise2 7cc7 a custom or generic procedure used to measure an individual's employment or career-related qualifications and interests2 or 7dd7 another assessment that meets the criteria under subclauses 7,i7 and 7,,ii74 7#b7 ,technical assessments 7,a7 ,in general ,for the purpose of conducting an examination for a position in the competitive service1 an individual or individuals whom an agency determines to have an expertise in the subject and job field of the position1 as affirmed and audited by the ,chief ,human ,capital ,officer or ,human ,resources ,director 7as applicable7 of that agency1 may-- 7i7 develop1 in partnership with human resources employees of the examining agency1 a position-specific assessment that is relevant to the position2 and 7ii7 administer the assessment developed under clause 7i7 to-- 7,i7 determine whether an applicant for the position has a passing score to be qualified for the position2 or 7,,ii7 rank applicants for the position for category rating purposes under section #ccai4 7,b7 ,sharing and customization of assessments 7i7 ,sharing ,an examining agency may share a technical assessment with another examining agency if each agency maintains appropriate control over examination material4 7ii7 ,customization ,an examining agency with which a technical assessment is shared under clause 7i7 may customize the assessment as appropriate1 provided that the resulting assessment satisfies the requirements under part #cjj of title #e1 ,code of ,federal ,regulations 7or any successor regulation74 7iii7 ,platform for sharing and customization 7,i7 ,in general ,the ,director shall establish and operate an online platform on which examining agencies can share and customize technical assessments under this subparagraph4 7,,ii7 ,online platform ,the ,director shall ensure that the online platform described in subclause 7,i7 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 contents4 7#c7 ,regulations ,not later than one year after the date of enactment of the ,chance to ,compete ,act of #bjbc1 the ,office of ,personnel ,management shall prescribe regulations necessary for the administration of this subsection with respect to employees in each agency4 4 7#b7 ,alternative ranking and selection procedures ,section #ccai7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,to be placed in a quality category under the preceding sentence1 an applicant shall be required to have passed an examination in accordance with section #ccjd7;b744 7#c7 ,technical and conforming amendment ,section #cccj;a7a77#a77;,b7 of title #e1 ,united ,states ,code1 is amended by striking section #ccjd7;f77#a7 and inserting section #ccjd7;g77#a74 7b7 ,implementation of passing score assessment requirement 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 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 7c77#a77;,a7 of section #ccjd of title #e1 ,united ,states ,code 7as amended by subsection 7a77#a77;,b774 7#b7 ,report required ,one year following the date of enactment of this ,act1 the ,director shall submit to the ,committee on ,oversight and ,accountability of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report examining agencies' progress in implementing the requirement specified in paragraph 7#a71 identifying any significant difficulties encountered in such implementation4 7c7 ,,opm reporting 7#a7 ,public online tool 7,a7 ,in general ,the ,director of the ,office of ,personnel ,management shall maintain and periodically update a publicly available online tool that1 with respect to each position in the competitive service for which an examining agency examined applicants during the applicable period1 includes-- 7i7 the type of assessment used1 such as-- 7,i7 a behavioral off-the-shelf assessment2 7,,ii7 a rsum review conducted by a subject matter expert2 7,,iii7 an interview conducted by a subject matter expert2 7,,iv7 a technical off-the-shelf assessment2 or 7,v7 a cognitive ability test2 7ii7 whether or not the agency selected a candidate for the position2 and 7iii7 the hiring authority used to fill the position4 7,b7 ,timing 7i7 ,initial data ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall update the online tool described in subparagraph 7,a7 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 report4 7ii7 ,subsequent updates ,not later than ,october #a of each fiscal year beginning after the date on which the online tool is initially updated under clause 7i71 the ,director shall update the online tool described in subparagraph 7,a7 with data for positions in the competitive service for which an examining agency examined applicants during the preceding fiscal year4 7#b7 ,annual progress report 7,a7 ,in general ,each year1 the ,director1 in accordance with subparagraphs 7,b7 and 7,c71 shall make publicly available and submit to ,congress an overall progress report that includes summary data from examinations that are closed1 audited1 and anonymous on the use of examinations 7as defined in subsection 7c77#a77;,a7 of section #ccjd of title #e1 ,united ,states ,code1 as added by subsection 7a7 of this section7 for the competitive service1 including technical assessments4 7,b7 ,categories2 baseline data ,in carrying out subparagraph 7,a71 the ,director shall-- 7i7 break the data down by applicant demographic indicator1 including veteran status1 race1 gender1 disability1 and any other measure the ,director determines appropriate2 and 7ii7 use the data available as of ,october #a1 #bjbj1 as a baseline4 7,c7 ,limitations ,in carrying out subparagraph 7,a71 the ,director may only make publicly available and submit to ,congress data relating to examinations for which-- 7i7 the related announcement is closed2 7ii7 certificates have been audited2 and 7iii7 all hiring processes are completed4 7d7 ,,gao report ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that-- 7#a7 assesses the implementation of this section and the amendments made by this section2 7#b7 assesses the impact and modifications to the hiring process for the competitive service made by this section and the amendments made by this section2 and 7#c7 makes recommendations for the improvement of the hiring process for the competitive service4 #d4 ,amendments to competitive service act of #bjae 7a7 ,platforms for sharing certificates of eligibles 7#a7 ,in general ,section #ccah7;b7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a71 by striking #bdj-;day and inserting #a-year2 7,b7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,c7 by inserting after paragraph 7#d7 the following3 7#e7 ,online tool for sharing rsums of individuals on certificates of eligibles ,not later than one year after the date of enactment of the ,chance to ,compete ,act of #bjbc1 the ,director of the ,office of ,personnel ,management shall establish and operate an online tool on which an appointing authority can share1 with other appointing authorities and the ,chief ,human ,capital ,officers ,council established under section #acjc of the ,chief ,human ,capital ,officers ,act of #bjjb 7#e ,u4,s4,c4 #adja note2 ,public ,law #ajg-bif71 the resumes of individuals who are on a certificate of eligibles requested by the appointing authority4 ,in carrying out this paragraph1 the ,director shall consult with the ,chief ,human ,capital ,officers ,counsel and its membership to develop a plan to establish such online tool4 4 7#b7 ,plan ,not later than #bgj days after the date of enactment of this ,act1 the ,director shall provide to ,congress a plan to develop the online tool required in paragraph 7#e7 of section #ccah7;b7 of title #e1 ,united ,states ,code1 as added by paragraph 7#a7 of this subsection4 ,such plan shall-- 7,a7 incorporate the input and feedback collected during the required consultation under such paragraph2 and 7,b7 include estimated costs for building and operating the online tool4 7b7 ,maximizing sharing of applicant information ,section #b of the ,competitive ,service ,act of #bjae 7,public ,law #aad-acg2 #acj ,stat4 #caj7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,exploring the benefits of maximizing sharing of applicant information 7#a7 ,definitions ,in this subsection-- 7,a7 the terms agency1 ,director1 and ,office have the meanings given those terms in section #ccjd7;c77#a7 of title #e1 ,united ,states ,code2 and 7,b7 the term competitive service has the meaning given the term in section #bajb of title #e1 ,united ,states ,code4 7#b7 ,maximizing sharing ,the ,director shall maximize the sharing of information among agencies regarding qualified applicants for positions in the competitive service1 including by-- 7,a7 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 announcements2 and 7,b7 sharing certificates of eligibles and accompanying rsums for appointment4 4 #e4 ,modernizing and reforming the assessment and hiring of federal job candidates 7a7 ,,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 the nature of the duties of such position is of a scientific1 technical1 or professional position pursuant to section #ccjh of title #e1 ,united ,states ,code1 to determine whether there are data1 evidence1 or other information that justifies the need for educational requirements for such position4 ,the ,director shall consult with appropriate agencies1 employee representatives1 external experts1 and other stakeholders when making any such determinations4 7b7 ,online tool regarding position duties 7#a7 ,in general ,not later than two years after the date of enactment of this ,act1 the ,director shall create and maintain an online tool that lists each of the duties determined to require minimum educational requirements and the data1 evidence1 or other information that justifies the need for these educational requirements4 ,this online tool shall include a mechanism to receive feedback regarding data1 evidence1 or information that could affect the determination that a duty requires a minimum educational requirement4 7#b7 ,hiring practices ,not later than one year after the creation of the online tool under paragraph 7#a71 the ,director and the head of any other examining agency shall amend the hiring practices of the ,office or the other examining agency1 respectively1 in accordance with the findings of the review made by subsection 7a74 7c7 ,online tool regarding recruiting ,upon the date of enactment of this ,act1 the ,director shall establish and maintain an online tool that provides ,federal agencies guidance on1 and information about1 all programs and authorities that help agencies attract1 recruit1 hire1 and retain individuals4 #f4 ,talent teams 7a7 ,federal agency talent teams 7#a7 ,in general ,an agency may establish one or more talent teams 7referred to in this section as agency talent teams71 including at the component level4 7#b7 ,duties ,an agency talent team shall provide hiring support to the agency and other agencies1 including by-- 7,a7 improving examinations 7as defined in subsection 7c77#a77;,a7 of section #ccjd of title #e1 ,united ,states ,code1 as added by section #c7;a772 7,b7 facilitating writing job announcements for the competitive service2 7,c7 sharing high-quality certificates of eligibles2 and 7,d7 facilitating hiring for the competitive service using examinations 7as defined in such subsection 7c77#a77;,a77 and subject matter experts4 7b7 ,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 ,government1 providing training1 and creating technology platforms to facilitate hiring for the competitive service1 including-- 7#a7 the development of technical assessments2 and 7#b7 the sharing of certificates of eligibles and accompanying rsums under sections #ccah7;b7 and #ccai7;c7 of title #e1 ,united ,states ,code4 #g4 ,updates to system of records for hiring actions in the civil service 7a7 ,update to select system of records ,not later than #ahj days after the date of enactment of this ,act1 and on a regular basis thereafter1 the ,director of the ,office of ,management and ,budget shall provide guidance to all ,federal departments and agencies to ensure appropriate use of a system of records1 including any government-wide systems of records1 to meet the requirements of section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act71 in hiring actions in the civil service4 7b7 ,government-wide systems of records at the office 7#a7 ,in general ,the ,director of the ,office of ,personnel ,management1 in consultation with the ,director of the ,office of ,management and ,budget1 shall ensure that any system of records notice updates required pursuant to the guidance provided under subsection 7a7 account for any use of newer technologies that capture records 7as defined in section #eeb;a7a77#d7 of title #e1 ,united ,states ,code7 in video1 audio1 and video_/audio combination formats and accommodate maintenance of such video1 audio1 and video_/audio combination records4 7#b7 ,evaluation for potential updates or revisions 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall evaluate whether the government-wide ,system of ,records ,notices 7referred to in this paragraph as ,s,o,r,ns7 ,,opm_/,,govt-#e ,recruiting1 ,examining1 and ,placement ,records and ,,opm_/,,govt-#f ,personnel ,research and ,test ,validation ,records1 or any successor materials thereto1 require updating or revision to implement the purposes of this ,act4 7,b7 ,issuance of updates or revisions2 notice to ,congress ,if the ,director1 after the evaluation under subparagraph 7,a71 finds that any updates or revisions to the ,s,o,r,ns identified in that subparagraph are necessary and appropriate to support implementation of this ,act1 the ,director shall promptly-- 7i7 issue the updates or revisions2 and 7ii7 notify the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,accountability of the ,house of ,representatives4 ,passed the ,house of ,representatives ,january #bd1 #bjbc4;,clerk4