#aahth ,,congress #b;d ,session ,s4 #ei ,,an ,,act ,to implement merit-based reforms to the civil service hiring system that replace degree-based hiring with skills- and competency-based hiring4 #a4 ,short title ,this ,act may be cited as the ,chance to ,compete ,act of #bjbd4 #b4 ,definitions 7a7 ,amendatory definitions 7#a7 ,in general ,section #ccjd of title #e1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subsections 7b7 through 7g7 as subsections 7h7 through 7m71 respectively2 7,b7 by redesignating subsection 7a7 as subsection 7b72 and 7,c7 by inserting before subsection 7b71 as so redesignated1 the following3 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency means an ,executive agency4 7#b7 ,director ,the term ,director means the ,director of the ,office4 7#c7 ,examination ,the term examination means the process by which an applicant demonstrates knowledge1 skills1 abilities1 and competencies4 7#d7 ,examining agency ,the term examining agency means-- 7,a7 the ,office2 or 7,b7 an agency to which the ,director has delegated examining authority under section #aajd7;a77#b74 7#e7 ,office ,the term ,office means the ,office of ,personnel ,management4 7#f7 ,passing score ,the term passing score means a minimum acceptable score or rating1 consistent with applicable law1 that may include a quantitative or qualitative assessment that an applicant can pass or fail4 7#g7 ,relevant committees ,the term relevant committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,oversight and ,accountability of the ,house of ,representatives4 7#h7 ,subject matter expert ,the term subject matter expert means an employee or selecting official-- 7,a7 who possesses an 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 examination2 and 7,b7 whom the delegated examining unit of the examining agency that employs the employee or selecting official designates to assist in the development and administration of technical assessments4 7#i7 ,technical assessment ,the term technical assessment means a position-specific tool that is relevant to the position for which the tool is developed that-- 7,a7 allows for the demonstration of job-related skills1 abilities1 knowledge1 and competencies2 7,b7 is based upon a job analysis2 and 7,c7 does not solely include or principally rely upon a self-assessment from an automated examination4 4 7#b7 ,technical and conforming amendments 7,a7 ,title #e1 ,united ,states ,code ,part ,,iii of title #e1 ,united ,states ,code1 is amended-- 7i7 in chapter #cc-- 7,i7 in section #ccjb7b71 by striking #ccjd7;a7 and inserting #ccjd7;b72 and 7,,ii7 in section #cccj;a7a77#a77;,b71 by striking #ccjd7;f77#a7 and inserting #ccjd7l77#a72 and 7ii7 in section #ihaj7;b71 by striking #ccjd7;b7 and inserting #ccjd7;h74 7,b7 ,act to establish a ,commission on ,security and ,cooperation in ,europe ,section #h7;d77#b7 of the ,act entitled1 8,an ,act to establish a ,commission on ,security and ,cooperation in ,europe01 approved ,june #c1 #aigf 7#bb ,u4,s4,c4 #cjjh7;d77#b77 is amended by striking #ccjd7;c77#a7 and inserting #ccjd7;i77#a74 7,c7 ,u4,s4-,china ,relations ,act of #bjjj ,section #cjh7;e77#b7 of the ,u4,s4-,china ,relations ,act of #bjjj 7#bb ,u4,s4,c4 #fiah7;e77#b77 is amended by striking #ccjd7;c77#a7 and inserting #ccjd7;i77#a74 7,d7 ,energy ,independence and ,security ,act of #bjjg ,section #acf7;i77#a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;i77#a77 is amended by striking #ccjd7;a77#c7 and inserting #ccjd7;b77#c74 7,e7 ,subsection headings ,section #ccjd of title #e1 ,united ,states ,code1 as amended by paragraph 7#a7 of this subsection1 is amended-- 7i7 in subsection 7b71 by striking ,the ,president and inserting ,rules4--,the ,president2 7ii7 in subsection 7h71 by striking ,an individual and inserting ,examination or exception required4--,an individual2 7iii7 in subsection 7i71 by striking 7#a7 ,for the purpose and inserting ,technicians4--7#a7 ,for the purpose2 7iv7 in subsection 7j71 by striking ,the ,office and inserting ,consideration of experience4--,the office2 7v7 in subsection 7k71 by striking ,employees and inserting ,use of public buildings4--,employees2 and 7vi7 in subsection 7l71 by striking 7#a7 ,preference eligibles or veterans and inserting ,preference eligibles and veterans4--7#a7 ,preference eligibles or veterans4 7b7 ,freestanding definitions ,in this ,act-- 7#a7 each term that is defined in section #ccjd7;a7 of title #e1 ,united ,states ,code1 as added by subsection 7a7 of this section1 shall have the meaning given the term in such section #ccjd7;a72 and 7#b7 the term competitive service has the meaning given the term in section #bajb of title #e1 ,united ,states ,code4 #c4 ,modernizing ,federal hiring ,section #ccjd of title #e1 ,united ,states ,code1 is amended by inserting after subsection 7b71 as redesignated by section #b1 the following3 7c7 ,examinations 7#a7 ,in general ,for the purpose of testing applicants for appointment for a position1 or class of positions1 in the competitive service1 an examining agency shall conduct an examination pursuant to subsection 7b74 7#b7 ,interim examination period 7,a7 ,preference for technical assessment ,during the #c-year period beginning on the date of enactment of the ,chance to ,compete ,act of #bjbd1 an examining agency shall preference the use of a technical assessment1 to the maximum extent practicable1 to assess the job-related skills1 abilities1 knowledge1 and competencies of an applicant for a position in the competitive service4 7,b7 ,use of alternative assessment ,during the #c-year period beginning on the date of enactment of the ,chance to ,compete ,act of #bjbd1 if an examining agency determines that the use of a technical assessment to assess the job-related skills1 abilities1 knowledge1 and competencies of an applicant for a position in the competitive service is not practicable1 the examining agency may use an alternative assessment for that purpose if the examining agency includes a brief description of the rationale for the use of the alternative assessment in the job posting4 7#c7 ,transition planning 7,a7 ,in general ,not later #ah months after the date of enactment of the ,chance to ,compete ,act of #bjbd1 the ,director shall submit to the relevant committees a plan to transition ,federal hiring practices to adopt technical assessments in accordance with subsection 7d71 which shall include-- 7i7 the prioritization of-- 7,i7 job classifications2 and 7,,ii7 resource requirements2 and 7ii7 a timeline for full implementation of the transition4 7,b7 ,additional consultation ,in developing the plan under subparagraph 7,a71 the ,director shall consult with1 at minimum-- 7i7 the ,director of the ,office of ,management and ,budget2 7ii7 the ,chair of the ,chief ,human ,capital ,officers ,council2 7iii7 employee representatives2 and 7iv7 relevant external stakeholders4 7#d7 ,implementation of technical assessments 7,a7 ,implementation of plan ,not later than #c years after the date of enactment of the ,chance to ,compete ,act of #bjbd1 the ,director shall implement the plan submitted under paragraph 7#c74 7,b7 ,adoption of technical assessments ,on and after the date that is #c years after the date of enactment of the ,chance to ,compete ,act of #bjbd1 an examining agency shall use a technical assessment to examine applicants for positions in the competitive service in accordance with subsection 7d74 7,c7 ,waiver 7i7 ,in general ,the requirement under subparagraph 7,b7 shall not apply to an examining agency with respect to a particular job series if-- 7,i7 the examining agency determines that use of a technical assessment is impracticable for the job series2 and 7,,ii7 the head of the examining agency submits to the ,director and the relevant committees a certification that use of the technical assessment is impracticable1 which certification shall include-- 7aa7 identification of the job series2 7bb7 identification of the number of positions that are included in the job series within the agency for which the examining agency is conducting examinations2 and 7cc7 a description of the rationale for the determination4 7ii7 ,effectiveness of waiver ,a waiver under this subparagraph shall be effective for the period-- 7,i7 beginning on the date that is #a day after the date on which the applicable certification is submitted under clause 7i77,,ii72 and 7,,ii7 ending on the date that is #c years after the date on which the applicable certification is submitted under clause 7i77,,ii74 7iii7 ,no delegation of certification authority ,the head of an examining agency may not delegate the authority to submit a certification under clause 7i77,,ii74 7d7 ,technical assessment 7#a7 ,in general ,for the purpose of conducting an examination for a position in the competitive service1 an individual who is determined by an examining agency to be a subject matter expert in the subject and job field of the position may-- 7,a7 develop1 in partnership with human resources employees of the examining agency1 a position-specific assessment that is relevant to the position1 based on job analysis1 which may include-- 7i7 a structured interview2 7ii7 a work-related exercise2 7iii7 a custom or generic procedure used to measure an applicant's employment or career-related qualifications and interests2 or 7iv7 another assessment that-- 7,i7 allows for the demonstration of job-related technical skills1 abilities1 and knowledge2 and 7,,ii7 is relevant to the position for which the assessment is developed2 and 7,b7 administer the assessment developed under subparagraph 7,a7 to-- 7i7 determine whether an applicant for the position has a passing score to be qualified for the position2 or 7ii7 rank applicants for the position for category rating purposes under section #ccai4 7#b7 ,feasibility study on sharing and customization of assessment ,not later than #a year after the date of enactment of the ,chance to ,compete ,act of #bjbd1 the ,director shall-- 7,a7 conduct a feasibility study that examines the practicability1 including a cost benefit analysis1 of-- 7i7 the sharing of technical assessments by an examining agency with another examining agency2 7ii7 mechanisms for each examining agency to maintain appropriate control over examination material that is shared by the examining agency as described in clause 7i72 7iii7 limits on customization of a technical assessment that is shared as described in clause 7i7 and mechanisms to ensure that the resulting technical assessment satisfies the requirements under part #cjj of title #e1 ,code of ,federal ,regulations 7or any successor regulation72 and 7iv7 the development of an online platform on which examining agencies can share and customize technical assessments as described in this subparagraph2 and 7,b7 submit to the relevant committees a report on the study conducted under subparagraph 7,a74 7e7 ,federal agency talent teams 7#a7 ,in general ,an agency may establish #a or more agency talent teams1 including at the component level4 7#b7 ,duties ,an agency talent team shall provide hiring support to the agency1 including by-- 7,a7 improving examinations2 7,b7 facilitating the writing of job announcements for the competitive service2 7,c7 sharing high-quality certificates of eligible applicants2 and 7,d7 facilitating hiring for the competitive service using examinations4 7f7 ,office of ,personnel ,management talent team ,the ,director may establish a ,federal talent team to support agency talent teams by-- 7#a7 facilitating hiring actions across the ,federal ,government2 7#b7 providing training2 7#c7 creating tools and guides to facilitate hiring for the competitive service2 and 7#d7 developing technical assessments4 7g7 ,rulemaking ,the ,director shall promulgate such regulations as are necessary to implement and interpret this section4 4 #d4 ,competitive service candidate hiring and reform 7a7 ,review 7#a7 ,in general ,the ,director shall conduct a review of examinations for hiring for each position in the competitive service that an examining agency has determined requires a minimum educational requirement because the position is of a scientific1 technical1 or professional nature pursuant to section #ccjh of title #e1 ,united ,states ,code1 to determine whether data1 evidence1 or other information justifies the need for educational requirements for the position4 7#b7 ,consultation ,in carrying out paragraph 7#a71 the ,director shall consult with1 at minimum-- 7,a7 agencies1 as deemed appropriate by the ,director2 7,b7 employee representatives2 7,c7 external experts2 and 7,d7 relevant stakeholders4 7b7 ,report on hiring practices ,not later than #a year after the date of enactment of this ,act1 the ,director shall submit to the relevant committees recommendations to amend the hiring practices of examining agencies in accordance with the findings of the review conducted under subsection 7a77#a74 #e4 ,reports 7a7 ,implementation reports 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter ending with the fifth publication and submission of the report1 the ,director shall publish on a public-facing website1 and submit to the relevant committees1 a report that-- 7,a7 examines the progress of examining agencies in implementing the requirements of this ,act and the amendments made by this ,act2 and 7,b7 identifies any significant difficulties encountered in the implementation described in subparagraph 7,a74 7#b7 ,inclusion in annual report ,the ,director may include the report required under paragraph 7#a7 as an addendum to the report required under subsection 7b74 7#c7 ,delayed reporting ,if the ,director is unable to publish and submit the report within the timeline required under paragraph 7#a71 the ,director shall publish on a public-facing website1 and submit to the relevant committees1 a notification of the delay that-- 7,a7 provides a reason for the delay2 and 7,b7 advises the public and the relevant committees of the anticipated date of publication and submission of the report4 7b7 ,annual report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,director shall publish on a public-facing website and submit to the relevant committees a report that1 with respect to categories of positions in the competitive service for which an examining agency examined applicants during the applicable period1 includes-- 7,a7 the type of examination used2 and 7,b7 summary data from examinations that are closed1 audited1 and anonymous on the use of examinations for the competitive service1 including technical assessments4 7#b7 ,demographic indicators ,in carrying out paragraph 7#a71 the ,director shall break the data down by applicant demographic indicators to facilitate direct comparability and trendline comparisons to data available as of ,october #a1 #bjbj1 as a baseline4 7#c7 ,limitations ,in carrying out this subsection1 the ,director may only publish and submit to the relevant committees data relating to examinations for which-- 7,a7 the related announcement is closed2 7,b7 certificates have been audited2 and 7,c7 all hiring processes are completed4 7#d7 ,delayed reporting ,if the ,director is unable to publish and submit the report within the timeline required under paragraph 7#a71 the ,director shall publish on a public-facing website1 and submit to the relevant committees1 a notification of the delay that-- 7,a7 provides a reason for the delay2 and 7,b7 advises the public and the relevant committees of the anticipated date of publication and submission of the report4 7c7 ,provision of data by agencies 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall issue guidance to examining agencies regarding the data that the ,director needs from the examining agencies in order to comply with subsections 7a7 and 7b74 7#b7 ,reporting timelines ,each examining agency shall provide the data outlined in the guidance issued by the ,director under paragraph 7#a7 on a quarterly basis4 #f4 ,,gao report ,not later than #c 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 ,act and the amendments made by this ,act2 7#b7 assesses the impact of modifications made by this ,act to the hiring process for the competitive service under section #ccjd of title #e1 ,united ,states ,code2 and 7#c7 makes recommendations for the improvement of the hiring process for the competitive service4 #g4 ,evaluation for potential updates or revisions to government-wide systems of records at the ,office of ,personnel ,management 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director shall evaluate whether the ,government-wide system of records notices1 the ,,opm_/,,govt-#e ,recruiting1 ,examining1 and ,placement ,records1 and the ,,opm_/,,govt-#f ,personnel ,research and ,test ,validation ,records1 or any successor materials thereto1 require updating or revision in order to support the implementation of this ,act and the amendments made by this ,act4 7b7 ,issuance of updates or revisions2 notice to ,congress ,if the ,director determines under subsection 7a7 that any updates or revisions are necessary1 the ,director1 in accordance with section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act71 shall promptly-- 7#a7 issue the updates or revisions2 and 7#b7 notify the relevant committees4 ,passed the ,senate ,december #ab1 #bjbd4,secretary