Federal Skills Act of 2023

Subjects: Government Operations and Politics

Summary:  <p><b>Federal Skills Act of 2023 </b></p> <p>This bill generally provides statutory authority for the executive order titled <i>Modernizing and Reforming the Assessment and Hiring of Federal Job Candidates</i>, which was issued on June 26, 2020. The order generally prescribes certain limits as to the consideration and use of post-high school educational requirements for positions in the competitive service.</p> <p>Among other things, the order specifies that an executive agency may only institute a minimum educational requirement for a position in the competitive service if it is legally required for the position, and may only consider a candidate's education with respect to other minimum requirements if it directly reflects the competencies necessary for the position.</p> <p>The order requires the Office of Personnel Management to review and revise the classification and qualification standards for positions in the competitive service so as to comply with these requirements. The order also requires changes to be made public, and to take effect, within 120 days and 180 days of the date of the order, respectively. (The bill requires a similar timeline with respect to the date of enactment of the bill.)</p> <p>The bill additionally specifies that it does not affect student loan forgiveness or student loan cancellation options that are available to borrowers under federal law as of the day before the date of enactment of the bill.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 383 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 383

To require the Director of the Office of Personnel Management to revise 
  job classification and qualification standards for positions in the 
   competitive service regarding educational requirements for those 
                   positions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

  Mr. Rubio (for himself and Mr. Budd) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To require the Director of the Office of Personnel Management to revise 
  job classification and qualification standards for positions in the 
   competitive service regarding educational requirements for those 
                   positions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Skills Act of 2023''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``agency'' means an agency that appoints 
        individuals to positions in the competitive service;
            (2) the term ``competitive service'' has the meaning given 
        the term in section 2102 of title 5, United States Code;
            (3) the term ``Director'' means the Director of the Office 
        of Personnel Management;
            (4) the term ``education'' means the completion or 
        attainment of a postsecondary degree or other credential at an 
        institution of higher education (as defined in section 102 of 
        the Higher Education Act of 1965 (20 U.S.C. 1002));
            (5) the term ``personnel assessment'' means a method of 
        collecting information regarding an individual for the purposes 
        of making a selection decision with respect to the individual;
            (6) the term ``qualification standards'' means the minimum 
        requirements with respect to education, training, and 
        experience that an applicant for employment would need to 
        possess in order to make it likely that the applicant would 
        perform satisfactorily in the position or occupational series 
        that is the subject of the application for employment; and
            (7) the term ``selection decision'' includes a decision 
        regarding an individual with respect to--
                    (A) appointment;
                    (B) placement;
                    (C) promotion;
                    (D) referral;
                    (E) retention; or
                    (F) entry into a program leading to career 
                advancement, such as an apprenticeship program, a 
                training program, or a career development program.

SEC. 3. REVISION OF JOB CLASSIFICATION AND QUALIFICATION STANDARDS.

    (a) Review.--
            (1) In general.--Consistent with the requirements of this 
        section, the Director, in consultation with the Director of the 
        Office of Management and Budget and the head of each agency, 
        shall review and revise all job classification and 
        qualification standards for positions in the competitive 
        service, as necessary.
            (2) Publication; effective date.--With respect to any 
        change to a job classification or qualification standard made 
        under paragraph (1)--
                    (A) the Director shall, not later than 120 days 
                after the date of enactment of this Act, make that 
                change available to the public; and
                    (B) the change shall take effect not later than 180 
                days after the date of enactment of this Act.
    (b) Education Requirement.--The head of an agency may prescribe a 
minimum requirement with respect to education for a position in the 
competitive service only if a minimum qualification with respect to 
education is legally required to perform the duties of a comparable 
position in the State or locality where those duties are to be 
performed.
    (c) Consideration of Education.--Unless the head of an agency is 
determining the satisfaction of a legally required minimum requirement 
with respect to education for an applicant for employment with the 
agency, the agency head may consider the education of the applicant in 
determining the satisfaction by the applicant of another minimum 
qualification only if the education of the applicant directly reflects 
the competencies necessary to satisfy that qualification and perform 
the duties of the position.
    (d) Position Listing.--A position description and job posting 
published by an agency for a position in the competitive service shall 
be based on the specific skills and competencies required to perform 
that position, as established in the position classifications and 
qualification standards of the Office of Personnel Management.

SEC. 4. IMPROVING THE USE OF ASSESSMENTS IN THE FEDERAL HIRING PROCESS.

    (a) In General.--The Director shall work with the head of each 
agency to ensure that, not later than 180 days after the date of 
enactment of this Act, for a position in the competitive service, the 
head of an agency assesses an applicant for employment in a manner that 
does not rely solely on the education of the applicant to determine the 
extent to which the applicant possesses relevant knowledge, skills, 
competencies, and abilities for the position.
    (b) Other Requirements.--With respect to the assessment practices 
described in subsection (a)--
            (1) the head of each agency shall develop or identify those 
        assessment practices; and
            (2) those assessment practices--
                    (A) may not be substantively equivalent to 
                competencies only attainable through education; and
                    (B) shall be published by the applicable agency in 
                the human resources manual of the agency.
    (c) Consideration of Self-Evaluation.--
            (1) In general.--In assessing an applicant for employment--
                    (A) the head of an agency may not rely solely on 
                the self-evaluation of the stated abilities of the 
                applicant; and
                    (B) the applicant shall fulfill other assessment 
                standards in order to be certified for consideration, 
                as established by the Chief Human Capital Officer of 
                the applicable agency (or an equivalent official).
            (2) Publication.--The standards described in paragraph 
        (1)(B) shall be published in the human resources manual of the 
        applicable agency.
    (d) Evaluation.--The head of each agency shall continually evaluate 
the effectiveness of different assessment strategies to promote and 
protect the quality and integrity of the appointment processes of the 
agency, which shall be reviewed by the Chief Human Capital Officer of 
the agency (or an equivalent official), who shall make any necessary 
changes or take any necessary remedial actions concurrent with the 
review.

SEC. 5. APPLICATION.

    (a) In General.--Nothing in this Act may be construed to impair or 
otherwise affect--
            (1) the authority granted by law to an executive department 
        or agency, or the head thereof; or
            (2) the functions of the Director of the Office of 
        Management and Budget relating to budgetary, administrative, or 
        legislative proposals.
    (b) Rights or Benefits.--This Act is not intended to, and does not, 
create any right or benefit, substantive or procedural, enforceable at 
law or in equity by any party against the United States, its 
departments, agencies, or entities, its officers, employees, or agents, 
or any other person.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to eliminate or otherwise 
affect the student loan forgiveness or student loan cancellation 
options available to borrowers under Federal law, as such options are 
in effect on the day before the date of enactment of this Act.
                                 &lt;all&gt;
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