1. Short title This Act may be cited as the Advancing Skills-Based Hiring Act of 2023 . 2. Purpose It is the purpose of this Act— (1) to empower employers to adopt a skills-based approach to hiring through a voluntary compliance assistance program regarding the appropriate use of employment tests and selection procedures, and (2) to enable employers to proactively submit validation information to the Equal Employment Opportunity Commission for review to ensure use of such tests and procedures is job-related for the position in question and consistent with business necessity within the meaning of section 703(k)(1)(A)(i) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(k)(1)(A)(i) ). 3. Review by Equal Employment Opportunity Commission of information voluntarily submitted by employers (a) Voluntary submission and review of employer information The Equal Employment Opportunity Commission (in this Act referred to as the Commission ) shall— (1) establish a process for employers— (A) to voluntarily submit validity evidence to the Commission on the use, or prospective use, of competency-based assessments or other professionally developed selection procedures that are used to make employment decisions, and (B) to obtain a determination by the Commission as to whether such use is job-related for the position in question and consistent with business necessity within the meaning of section 703(k)(1)(A)(i) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(k)(1)(A)(i) ), (2) as part of such process, set forth the validity evidence that participating employers should submit, which may include— (A) a criterion-related validity study, (B) a content validity study, (C) a construct validity study, or (D) a transportability study that includes the validity evidence from a study, conducted by another entity, along with evidence from the employer that shows job similarity, and (3) allow employers to submit validity evidence for review regardless of the existence of an adverse impact from the use of the assessment or selection