,,ii #aahth ,,congress #ast ,session ,s4 #ei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bd 7legislative day1 ,january #c71 #bjbc,ms4 ,sinema 7for herself1 ,mr4 ,hagerty1 ,mr4 ,lankford1 and ,mr4 ,carper7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to implement merit-based reforms to the civil service hiring system that replace degree-based hiring with skills- and competency-based hiring4 #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 examination 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 defined for purposes of this chapter ,for purposes of this chapter1 the term examination-- 7i7 means an opportunity to directly demonstrate knowledge1 skills1 abilities1 and competencies1 through a passing score assessment2 7ii7 includes a rsum review that is-- 7,i7 conducted by a subject matter expert2 and 7,,ii7 based upon indicators that-- 7aa7 are derived from a job analysis2 and 7bb7 bear a rational relationship to performance in the position for which the examining agency is hiring2 and 7iii7 on and after the date that is #b years after the date of enactment of the ,chance to ,compete ,act of #bjbc1 does not include a self-assessment from an automated examination1 a rsum review 7except as provided in clause 7ii771 or any other method of determining the experience or level of educational attainment of an individual1 alone4 7,b7 ,other terms ,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 ,office means the ,office of ,personnel ,management2 7v7 the term passing score assessment means an assessment that an individual can pass or fail2 7vi7 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 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 7#b72 and 7vii7 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 7bb7 is relevant to the position for which the assessment is developed2 and 7cc7 does not discriminate on the basis of a protected status1 as established by the ,director in regulations implementing this subsection2 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 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 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 a platform on which examining agencies can share and customize technical assessments under this subparagraph4 7,,ii7 ,guidance ,not later than #a year after the date of enactment of the ,chance to ,compete ,act of #bjbc1 the ,director shall issue guidance to examining agencies on how to efficiently and effectively share assessments using the platform established under subclause 7,i74 7,c7 ,adoption of determinations by other agencies ,for purposes of sections #ccah7;b7 and #ccai7;c71 an appointing authority1 other than the appointing authority requesting a certificate of eligibles1 that selects an individual from that certificate in accordance with such section #ccah7;b7 or #ccai7;c7 may adopt the determination described in subparagraph 7,a7 of this paragraph of a subject matter expert employed by the requesting appointing authority instead of administering an additional technical assessment of the individual4 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;b71 subject to the exceptions in that section44 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 ,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 ,code1 as added by subsection 7a7 of this section4 7c7 ,,opm reporting 7#a7 ,public dashboard 7,a7 ,in general ,the ,director shall maintain and periodically update a publicly available dashboard 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 dashboard 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 dashboard is initially updated under clause 7i71 the ,director shall update the dashboard 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 of 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 ,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 ,platform for sharing rsums of individuals on certificates of eligibles ,the ,director of the ,office shall establish and operate a platform 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 rsums of individuals who are on a certificate of eligibles requested by the appointing authority4 4 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 ,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 7c7 ,amendment of implementing regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall promulgate regulations to carry out the amendments made by this section4 #e4 ,modernizing and reforming the assessment and hiring of ,federal job candidates 7a7 ,in general ,section #ccjh of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking scientific1 technical1 or professional2 7#b7 by inserting legally before performed2 and 7#c7 by inserting in a jurisdiction in which the duties of the position are to be performed after a prescribed minimum education4 7b7 ,implementation 7#a7 ,regulations and guidance documents ,not later than #a year after the date of enactment of this ,act1 the ,director shall amend all regulations and guidance documents as necessary to implement the amendments made by subsection 7a74 7#b7 ,hiring practices ,not later than #a year after the date of enactment of this ,act1 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 amendments made by subsection 7a74 #f4 ,talent teams 7a7 ,federal agency talent teams 7#a7 ,in general ,an agency may establish #a 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