Title: Federal Skills Act
Policy area: Government Operations and Politics

Summary:
Federal Skills Act
This bill provides statutory authority for the executive order titled Modernizing and Reforming the Assessment and Hiring of Federal Job Candidates, 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.
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.
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.)

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 967 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 967

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2021

   Mr. Budd introduced the following bill; which was referred to the 
                   Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
To require the Director of the Office of Personnel Management to revise 
job classification and qualification standards for positions within the 
    competitive service regarding educational requirements for such 
                   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''.

SEC. 2. REVISION OF JOB CLASSIFICATION AND QUALIFICATION STANDARDS.

    (a) In General.--The Director of the Office of Personnel 
Management, in consultation with the Director of the Office of 
Management and Budget, the Assistant to the President for Domestic 
Policy, and the heads of agencies, shall review and revise all job 
classification and qualification standards for positions within the 
competitive service, as necessary and consistent with the requirements 
of this section. Any change to job classification and qualification 
standards shall be made available to the public not later than 120 days 
after the date of enactment of this Act and go into effect not later 
than 180 days after such date of enactment.
    (b) Educational Requirement.--An agency may prescribe a minimum 
educational requirement for employment in the Federal competitive 
service only when a minimum educational qualification is legally 
required to perform the duties of the position in the State or locality 
where those duties are to be performed.
    (c) Consideration of Education.--Unless an agency is determining a 
candidate's satisfaction of a legally required minimum educational 
requirement, an agency may consider education in determining a 
candidate's satisfaction of some other minimum qualification only if 
the candidate's education directly reflects the competencies necessary 
to satisfy that qualification and perform the duties of the position.
    (d) Position Listing.--Position descriptions and job postings 
published by agencies for positions within the competitive service 
should be based on the specific skills and competencies required to 
perform those jobs.

SEC. 3. IMPROVING THE USE OF ASSESSMENTS IN THE FEDERAL HIRING PROCESS.

    (a) In General.--The Director of the Office of Personnel Management 
shall work with the heads of all agencies to ensure that, not later 
than 180 days after the date of enactment of this Act, for positions 
within the competitive service, agencies assess candidates in a manner 
that does not rely solely on educational attainment to determine the 
extent to which candidates possess relevant knowledge, skills, 
competencies, and abilities. The heads of all agencies shall develop or 
identify such assessment practices.
    (b) Consideration of Self-Evaluation.--In assessing candidates, 
agencies may not rely solely on candidates' self-evaluations of their 
stated abilities. Applicants must clear other assessment hurdles in 
order to be certified for consideration.
    (c) Evaluation.--Agencies shall continually evaluate the 
effectiveness of different assessment strategies to promote and protect 
the quality and integrity of their hiring processes.

SEC. 4. APPLICATION.

    (a) In General.--Nothing in this Act shall 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. 5. DEFINITIONS.

    In this Act--
            (1) the term ``assessment'' means any valid and reliable 
        method of collecting information on an individual for the 
        purposes of making a decision about qualification, hiring, 
        placement, promotion, referral, or entry into programs leading 
        to advancement;
            (2) the term ``competitive service'' has the meaning given 
        that term in section 2102 of title 5, United States Code;
            (3) the term ``education'' refers to Post High-School 
        Education as that term is defined in the Office of Personnel 
        Management General Schedule Qualification Policies; and
            (4) the term ``qualification'' means the minimum 
        requirements necessary to perform work of a particular position 
        or occupation successfully and safely.
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